Dismissed

Abu Taleb Mandal v. State of West Bengal and Ors.

Calcutta HC3 Oct 2023WPA/3406/2023

Case brief

AI extract

What is this about?

The court heard two connected writ petitions regarding land possession disputes where civil suits were already pending. Finding that civil courts are the appropriate forum for property relief, the court dismissed the petitions but directed the police to maintain vigil and prevent breach of peace or violation of civil orders.

What did the court decide?

Discussed police directions to maintain vigil and ensure compliance with civil court orders while dismissing the petition.

Abu Taleb Mandal Vs State of West Bengal and Ors. — Property and Title | Calcutta HC (2023)

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03.10. g.b. 2023 Ct. No.14 25 WPA 21233 of 2023 & 26 Arjina Bibi Vs The State of W. B. & Ors. With WPA 3406 of 2023 Abu Taleb Mandal Vs. The State of W. B. & Ors.

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Mr. Arun Shaw ….For the Petitioner in WPA 21233 of 2023 Mr. D. K. Adhikari Mr. Debdip Adhikari ……For the Petitioner in WPA 3406 of 2023 Mr. Pantu Deb Roy Mr. Subrata Guha Biswas

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…..For the State in WPA 21233 of

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2023 Mr. Arun Shaw

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….For the Respondent Nos. 7 to 10 in WPA 3406 of 2023 Mr. Ranojoy Chatterjee Ms. Piyeta Bhattacharjee Mr. Tamal Singha Roy Mr. Tamoghua Pramanick ….For the Respondent No.10 in WPA 21233 of 2023 Mr. D. K. Adhikari Mr. Debdip Adhikari ……For the Private Respondent Nos. 5 to 9 and 11 in WPA 21233 of 2023

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On the prayer and consent of the learned counsels for the parties and as both the matters appear to be connected, the writ petitions being WPA 21233 of 2023 and WPA 3406 of 2023 are taken up for hearing together.

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Learned counsel appearing on behalf of the petitioner in WPA 21233 of 2023 submits as follows. The petitioner purchased a piece of land and made a construction on the same. The private respondents had been disturbing the peaceful possession of the petitioner in respect of the property. Several complaints were made before the police authorities. However, only one FIR was lodged and nothing was done about the subsequent complaints.

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Learned counsel appearing on behalf of the private respondents in WPA 21233 of 2023 and for the petitioner in WPA 3406 of 2023 submit as follows. The other side had actually purchased only a portion of the whole property, but is making construction even on the other portions of the property. This was objected to by his client, but no corrective measures were taken. This compelled his client to approach the learned civil court. Learned civil court granted an ad interim injunction of status quo. Subsequently, the police were also directed to see that the order is not violated. However, the police are not taking steps in spite of violations.

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Learned counsel appearing on behalf of the respondent no.10 in WPA 21233 of 2023 submits that there is no allegation against his client.

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Learned counsel appearing on behalf of the State in WPA 21233 of 2023 relies on a report and

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submits as follows. A civil suit is pending between the parties. The police have also initiated a proceeding under Section 107 of the Code. Police are keeping a close watch on the developments of the locality.

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It appears that a civil dispute exists between the parties. Therefore, if any of the parties seek any further relief in respect of such property, the same has to be before a civil court.

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Therefore, no further order need be passed in this regard.

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However, the police authorities shall maintain a sharp vigil at the local, ensure that no breach of peace takes place and also see that no order of a civil court is violated.

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As affidavits were not called for, the allegations made are deemed not to have been admitted.

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With these observations, the writ application is disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties on urgent basis after completion of all necessary formalities.

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(Jay Sengupta, J.)

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Abu Taleb Mandal v. State of West Bengal and Ors.

Case brief

What is this about?

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Abu Taleb Mandal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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