The Court disposed of a writ petition regarding a land boundary dispute and alleged obstruction. It held that the matter is purely civil in nature and parties must approach the civil forum, dismissing the urgency claimed for police intervention.
The writ petition is disposed of.
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21.03.2022 Court No.13 Item No.10 sp
WPA 1708 of 2022
Jatindra Mahato
Vs.
The State of West Bengal and Ors.
(Through Video Conference)
Mr. Jahar Lal Roy, Ms. Kabira Rani Ms. Sutapa Sanyal, Ms. Susnita Saha Mr. Lalratan Mandal, Mr. Dilip Kumar Sadhu
... For the Petitioner. ... For the State/respondents. …for the respondent no.4
Affidavit of service filed in Court today is taken on record.
The writ petitioner complains that his ingress and egress into his land has been completely obstructed by the private respondent no.4 and he is not able to come out of his house.
The matter was listed given the urgency cited.
It appears from the report of the Salboni Police Station dated February 15, 2022 that there is a long standing land dispute between the petitioner and the private respondent no.4. The private respondent no.4 is stated to have constructed a boundary wall after encroaching about three feet into the petitioner’s land. A severe altercation had ensued between the parties.
2
This Court sees absolutely no urgency in the mater since the parties have a remedy before a civil forum. The allegation of inaction on the part of the Salboni Police Station is utterly baseless. Police have no role to play in a purely civil dispute between the petitioner and the private respondent no.4.
The petitioner may approach the Civil Court with regard to his grievances against the private respondent no.4.
The boundary wall constructed by the private respondent shall abide by the outcome of any suit filed by the petitioner before the appropriate civil forum.
The submission of the writ petitioner that he is unable to exit his house, is utterly false and frivolous and this Court notes with anguish that it has been misled into listing the matter as ‘specially fixed’ on that basis.
With the aforesaid observations, the writ petition is disposed of.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
2 issues framed by the court
Whether the Court has jurisdiction to entertain a writ petition regarding a land boundary dispute.
Whether the allegation of obstruction by police action in a civil land dispute is tenable.
Jatindra Mahato
The State of West Bengal
Private Respondent No.4
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
