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2025 DAILYLAW 3544 (CAL)

DEBOBROTO BARI AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/25770/2025 · 2026-09-07

Saugata Bhattacharyya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ML 141 0077..0099..22002266 Ct. No. 05 adeb WPA 25770 of 2025 Debobroto Bari & Ors. Vs. The State of West Bengal & Ors. Md. Syad Jasimuddin Ahamed …for the petitioners Mr. Mukteswar Maity Mr. Prabir Rej Ms. Monika Sarkar …for the respondent no. 6 1. Affidavit of service filed on behalf of petitioners is taken on record. 2. It is submitted on behalf of petitioners that their plot is being encroached by respondent no. 6 prompting the petitioners to approach this Court with this writ petition seeking direction which would facilitate the petitioners to enjoy peaceful possession over the land in question. 3. Learned advocate representing respondent no. 6 dispute submission made on behalf of petitioners and it is submitted that respondent no. 6 has not encroached land of petitioners and work which was carried out was confined to the demarcated portion of the land of said respondent no. 6. 2 4. State respondents are not represented by learned advocate. 5. Having considered respective submissions made on behalf of petitioners and respondent no. 6 it appears that issue involved in this writ petition relates to demarcation of plots claimed by petitioners and respondent no. 6. 6. Police authorities are not the appropriate authorities to demarcate plots in question; furthermore if plots are not demarcated appropriately it cannot be inferred that there is encroachment on the part of respondent no. 6 as alleged in this writ petition. 7. Hence, petitioners are granted liberty to approach appropriate authority for demarcation of their plot of land. 8. With aforesaid liberty writ petition stands disposed of. 9. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)