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2025 DAILYLAW 50394 (CAL)

BAPAN SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/30893/2024 · 2025-04-17

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 162 17.04.2025 Kausik ct.no.35 W.P.A. 30893 of 2024 Bapan Sarkar Versus State of West Bengal & Ors. Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee Mr. Satyajit Tripathi …for the petitioner. Ms. Sabnam De Bardhan, Jr. Govt. Adv. …for the state. Learned advocate appearing for the petitioner is aggrieved by the fact that in spite of specific representation given to the Inspector-in- charge, Malda Police Station on 07.11.2024 that the property of the petitioner was forcefully encroached by the private respondents, no action has been taken by the police authorities and the private respondents are adamant in grabbing the property of the petitioner. State has submitted a report. Report reflects that the possession of the property was for a considerable period of time with the respondent nos. 4 to 8. However, there has been informations furnished to the police authorities by the petitioner that the property is being grabbed. Apprehending 2 such situation a proceeding under section 126 of the BNSS has been drawn up. Learned advocate for the private respondent submits that they are share croppers and as such their name is recorded in the LR records as Bargadars. Having considered the nature of the dispute, I am of the view that the appropriate authority under the West Bengal Land Reforms Act, 1950 and/or the civil court would be the appropriate forum in respect of deciding the right, title, interest, possession and usage of the property. This court will not enter into such domain. Neither the police authorities would interfere. However, police authorities would ensure that no breach of the peace and/or tranquility takes place over the issue relating to the land referred to in the writ petition and also no untoward incident results because of the strained relationship existing between the parties. With the aforesaid observations WPA 30893 of 2024 is disposed of. Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner. 3 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)