Milan Kr. Bhuti and Ors. v. State of West Bengal and Ors.
Case brief
What is this about?
In an application seeking interim relief against disturbance to land possession, the Court directed the State respondents to file affidavits and documents within seven days before scheduling further consideration.
What the court decided
26 06.09.2024 Ct. No. 11 Jayanta
FMA 656 of 2023 with IA No. CAN 5 of 2024
Milan Kumar Bhuti & Ors. Vs. State of West Bengal & Ors
Mr. Amit Kumar Pan Mr. Tulshi Das Ray Mr. Tirthankar Ray
….For the Appellants.
Mr. Soumitra Bandopadhyay Mr. S. Bandopadhyay Mr. Priyabrata Batabyal
….For the Respondents.
An application, being CAN 5 of 2024, has been presented on behalf of the appellants, seeking an interim order to restrain the respondents from causing any disturbance to the appellants' peaceful possession of the lands in question.
Mr. Pan, the learned advocate, submits that there has been an attempt to encroach upon the land and to construct a bus stand thereon. However, Mr. Bandopadhyay, the learned advocate representing the State respondents, disputes this contention. He argues strongly that, in this case, the award was declared and physical possession was taken way back in 1976.
Having regard to such rival contentions raised by the respective parties, we are of the view, the application needs to be decided after exchange of affidavits.
Issues for consideration
1 issue framed by the court
Whether to grant interim orders restraining disturbance to the appellants possession pending adjudication of the reconveyance application.
Parties & counsel
- appellant
Milan Kumar Bhuti & Ors.
- respondent
State of West Bengal & Ors
Coram
Partha Sarathi Chatterjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · November
- Registered
- Case no.
- FMA/656/2023
All orders in this case
2 orders share this CNR
- Order 1 — this page · Tapabrata Chakraborty Partha Sarathi Chatterjee
- Order 2 · Sabyasachi Bhattacharyya Supratim Bhattacharya
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