Disposed

Balai Mondal and Anr. v. State of West Bengal and Ors.

Calcutta HC3 Oct 2023WPA/16140/2023

Case brief

AI extract

What is this about?

In a writ petition by recorded bargadars alleging ousting from land by private developers, the court treated the matter as largely civil. The petitioner denied disturbance of possession, and the court directed police vigilance to prevent breach of peace.

What did the court decide?

No order passed against private parties; police directed to keep sharp vigil and act in case of breach of peace or untoward incidents.

Balai Mondal and Anr. Vs State of West Bengal and Ors. — Landlord and Tenant | Calcutta HC (2023)

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October 3, 2023 AD 3 Court No.14 SG

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WPA 16140 of 2023

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Balai Mondal and another vs. The State of West Bengal and others .

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Mr. R.I. Sardar Ms. Neha Singh … for the petitioners Mr. Amitesh Banerjee Mr. Tarak Karan … for the State Mr. Kaushik Chatterjee Mr. Biswarup Dasgupta Ms. Shirsha Chakraborty Mr. Suparno Ghosh Ms. Tridha Mukherjee … for the respondent No.10

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Affidavit of service filed in Court is taken on record. Report filed by the State is also taken on record.

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Learned advocate for the petitioners submits as follows. The petitioners are the recorded bargadars in respect of the land in question. The private respondents are promoters and developers of land who are trying to grab the land. They are using money and muscle power to oust the petitioners from such property. Police help was sought, but was denied.

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Learned counsel for the private respondents submits as follows. The allegations made in the writ petition are denied. This is purely a civil dispute. The private respondents have not disturbed and will not disturb the peaceful possession of the petitioners in respect of the property where they are purportedly recorded as bargadars.

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Learned counsel for the State relies on the report and submits that the police are keeping a close watch in the locality.

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It appears that there is a civil dispute between the private parties.

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However, the private respondents have submitted that they have not disturbed and will not disturb the peaceful possession of the petitioners in respect of the land in question.

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In view of the above, no further order need be passed.

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The police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place.

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In the event any untoward incident occurs or is apprehended by the petitioners, they shall be at liberty to call up the Officer-in-Charge of local police station who shall act in accordance with law.

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With these observations, the writ petition is disposed of.

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Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

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[ Jay Sengupta, J. ]

Balai Mondal and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Balai Mondal and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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