Dismissed

Asraf Hossain v. the Inspector-in Charge, Haringhata Police Station and Ors.

Calcutta HC6 Jun 2023WPA/4266/2023

Case brief

AI extract

What is this about?

The High Court held that the private respondents' claim to property and alleged record tampering are civil and statutory disputes pending before the Land Reforms Tribunal. Finding no police inaction, as proceedings under S. 107 and 116(c) CrPC were pending, the court dismissed the writ petition and directed the parties to no-order in the underlying tribunal proceedings.

What did the court decide?

The writ petition was dismissed with a direction to approach the relevant authorities under the West Bengal Land Reforms Act and noting that police proceedings were pending to ensure no breach of peac

Asraf Hossain Vs the Inspector-in Charge, Haringhata… — Land Acquisition | Calcutta HC (2023)

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06.06.2023. Court No.13 Item No. 18

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ap W.P.A. No. 4266 of 2023

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Asraf Hossain

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Versus The Inspector-in-charge, Haringhata Police Station & Ors.

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Mr. Ibrahim Shaikh, Ms. Sabana Khatun.

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…For the petitioner.

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Sk. Md. Galib, Ms. Jyotsna Roy Mukherjee. …For the State. Mr. Anindya Lahiri, Ms. Pranati Das.

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…For the respondent No.18.

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The petitioner alleges inaction on the part of Haringhata Police Station in dealing with the complaint dated 17^th January, 2023.

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The grievance of the petitioner is that the private respondents are trying to grab his property and have tampered with the records of the Land Reforms Department.

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The private respondents are represented. They claim to be the Patta holders in respect of the property in question.

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This Court is of the view that the disputes between the petitioner and the private respondents are purely civil and statutory in nature.

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The petitioner may approach the Authorities under the West Bengal Land Reforms Act, 1955. In fact, the petitioner has filed an Original Application being O.A.

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No. 358 of 2022 before the West Bengal Land Reforms and Tenancy Tribunal, Kolkata which is pending.

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The petitioner may seek appropriate relief in the said proceedings.

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Haringhata Police Station has already taken out proceedings under Sections 107 and 116(c) of the Code of Criminal Procedure. The police shall continue to ensure that there is no breach of peace in the area.

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This Court finds no inaction on the part of the Haringhata Police Station.

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Haringhata Police Station has submitted a report in the form of instructions addressed to the Government Pleader, High Court, Calcutta, which is taken on record.

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With the aforesaid directions, the instant writ petition shall stand disposed of.

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There will be no order as to costs.

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All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

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( Rajasekhar Mantha, J. )

Asraf Hossain v. the Inspector-in Charge, Haringhata Police Station and Ors.

Case brief

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Asraf Hossain v. the Inspector-in Charge, Haringhata Police Station and Ors.

Case brief

What is this about?

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