09.09.2026 Court No.758 Item No.5 pk WPA 7839 of 2023 Sk Jobber Ali Vs. State of West Bengal and others Mr. Soujanyo Pattanayak, Mr. Syed Munshid Alam Mr. Sk. Abdulla Mondal … For the petitioner. Mr. Sarbananda Sanyal, Mr. Samrat Ckakraborty … For the private respondent. Ms. Aparna Banerjee, Ld. AGP Mr. Bhagbat Chaudhuri … For the State. 1. Affidavit of service filed in Court is taken on record. 2. The writ petitioner has filed the instant writ petition, inter alia, praying for following orders: “(a) A writ in the nature of Mandamus be not issued by directing the state respondent authorities particularly the Officer-in-Charge, Jamalpur Police Station, respondent nos. 3 and 4 to investigate over the issue in respect of the plot in question being Plot Nos. 1255, 1242, 1127, 1090, 1134, 1135, 1129, 1085, 1122 and 1573 in Mouza Duttapura, J. L. No. 122 within the exclusive domain of Jamalpur Police Station in the District of Purba Burdwan and to submit a report on consideration of the petitioner’s complaint dated 1st March, 2023 being Annexure “P-3” to this application with an immediate effect and letter of recommendation dated 09.03.2023.” 3. It has been contended by the petitioner that disputed plots comprising No. 1255, 1242, 1127, 1090, 1134, 1135, 1129, 1085, 1122 and 1573 in Mouza Duttapura, J. L. No. 122 within the jurisdiction of Jamalpur Police Station in the District of Purba Burdwan 2 originally belonged to one Hamida Khatun, the erstwhile raiyat. It is further contended that those lands have been, at all material times, cultivated by the petitioner as Bargadar. It is, however, admitted that the name of the petitioner has not yet been recorded as “Bargadar” in the relevant settlement records. 4. The petitioner further relies upon a letter dated March 9, 2023 issued by the BL & LRO, Jamalpur, Purba Burdwan to the Officer-in-Charge, Jamalpur Police Station, Purba Burdwan stating that an application has been filed by the petitioner before the said Authority claiming that the petitioner have been cultivating to the plots of land mentioned above as Bargadar. 5. By the said letter the BL & LRO, Jamalpur further requested the Officer-in-Charge, Jamalpur Police Station to give protection to the Bargadar in terms of Section 19(A)(2) of the West Bengal Land Reforms Act, 1955. 6. The petitioner further submits that although the prayer “(a)” in the writ petition may not be maintainable before this Court, the petitioner restricts his prayer only to the extent that a direction upon the local police be passed to ensure that no breach of peace takes place at the locale. 7. Learned advocate appears for the private respondent rightly submits that the petitioner’s right as Bargadar has not been yet established. No document establishing such right as Bargadar has been brought on record. In the event the petitioner, who claims to be Bargadar, is dispossessed, appropriate remedy lies in 19B of the West Bengal Land 3 Reforms Act, 1955 for restoration of land to the Bargadar. He further submits that in any event this Court under Article 226 of the Constitution of India should not originally interfere with in any matter which is otherwise covered under Section 6 of the West Bengal Land Reforms and Tenancy Tribunal Act that empowers the WBLRTT to pass appropriate orders in terms of Section 6 of the said Act. 8. Learned advocate representing the State also correctly submits that the reliefs claimed in the writ petition are private disputes and can be suitably adjudicated in appropriate forum, and not in the writ jurisdiction. 9. In view of the aforesaid, without going into the merits of the case and the rival claim of the petitioner or the private respondent the instant writ petition is disposed of without any order. 10. It is made clear that this Court has not gone into the merits of the rival contentions of the parties, who would be free to ventilate their grievances before appropriate forum, in accordance with law. 11. Accordingly, WPA 7839 of 2023 is disposed of without any order as to costs. 12. All parties shall act on the server copy of this order and duly downloaded from the official website of this Court. (Anuj Singh, J.) 4