Petitioner alleged civil dispute turned criminal regarding land possession. Court held it was a civil dispute, disposed of the writ petition directing police vigil without granting interim relief.
Disposed of the writ petition while retaining the petition and directing the police to maintain vigil at the locale.
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October 3, 2023 AD 4 Court No.14 SG
WPA 17949 of 2023
Mihir Mondal vs. The State of West Bengal and others . Mr. Rameshwar Sinha … for the petitioner Mr. Somnath Ganguly Ms. Sangeeta Roy … for the State Mr. Koushik Chatterjee Mr. Biswarup Dasgupta Ms. Shirsha Chakraborty Mr. Suparno Ghosh Ms. Tridha Mukherjee … for the respondent No.8
Affidavit of service filed in Court is taken on record. Report filed by the State is also taken on record.
Learned advocate for the petitioner submits as follows. The petitioner is the recorded bargadar 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 petitioner from such property. Police help was sought, but was denied.
Learned counsel for the private respondent 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 petitioner in respect of the property where they are purportedly recorded as bargadars.
2
Learned counsel for the State relies on the report and submits that the police are keeping a close watch in the locality.
It appears that there is a civil dispute between the private parties.
However, the private respondents have submitted that they have not disturbed and will not disturb the peaceful possession of the petitioner in respect of the land in question.
In view of the above, no further order need be passed.
The police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place.
In the event any untoward incident occurs or is apprehended by the petitioner, he shall be at liberty to call up the Officer-in-Charge of local police station who shall act in accordance with law.
With these observations, the writ petition is disposed of.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
[ Jay Sengupta, J. ]
1 issue framed by the court
Whether adequate material exists to convert a civil dispute over landed property into a criminal matter requiring judicial intervention.
Mihir Mondal
The State of West Bengal
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
