Court held police have no role in assisting construction on disputed land. Civil remedy of demarcation or partition is appropriate. Police not to intervene in civil dispute but must maintain peace.
Officer-in-Charge, Dhubulia Police Station ordered to ensure no breach of peace and maintain regular vigil without intervening in the civil dispute.
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02-02-2022 ct no. 13 Sl.16
sp
WPA 9898 of 2021 Amanat Mullick
-Versus-
The State of West Bengal & Ors. (Via Video Conference)
Mr. Rafiqul Islam, Mr. Mukteswar Maity, Ms. Manika Sarkar
…. For the petitioner
Mr. Raja Saha, Mr. Amit Kr. Ghosh
..for the State
The writ petitioner claims that the private respondents are preventing construction on a property belonging to him.
It is submitted that the petitioner has obtained a loan under the Pradhan Mantri Avas Yojona. For the obstruction by the private respondents, the petitioner has not been able to complete construction and has been notified as to whey the said loan should not be recalled.
Mr. Raja Saha, learned counsel appearing for the State submits that the land is jointly owned by the petitioner and the private respondents/brothers and It has not been demarcated. Hence, there is no way of
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ascertaining as to who owns which part of the land.
On the complaint received from the petitioner against the private respondents, proceedings under Section 107 of the Cr. P.C. have been drawn up. Proceedings under Section 144 (2) of the Cr. P.C. have been taken out and appropriate reports have been submitted to the concerned Magistrate.
This Court is of the view that the remedy of the petitioner is before a civil Court in respect of the property in question, i.e. to obtain demarcation and/or partition.
The police have no role to play to assisting the petitioner to effect construction on the property.
However, it is ordered that the Officer-inCharge, Dhubulia Police Station shall ensure that there is no breach of peace in that area and shall continue to maintain regular vigil thereat. It is clarified that the police shall not in any way intervene in the civil dispute between the parties.
With the aforesaid observations, the writ petition is disposed of.
There shall be no order as to costs.
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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
3 issues framed by the court
Whether the police can intervene in a civil dispute regarding property ownership and construction obstruction.
Whether data inquest or civil partition/maintenance proceedings are adequate remedies for civil disputes over property demarcation.
Whether the petitioner should be allowed to construct on undemarcated jointly owned land.
2 provisions across 1 enactments
Amanat Mullick
The State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
