Dismissed

Asit Chowdhury and Anr. v. State of West Bengal and Ors.

Calcutta HC13 Jun 2023WPA/4936/2023

Case brief

AI extract

What is this about?

The petitioners sought police assistance to construct a boundary wall on their allegedly possessory property. The court held that the police cannot intervene in civil disputes over title or possession and directed parties to approach a civil or statutory forum.

What did the court decide?

Directions to the Raghunathpur Police Station to ensure no breach of peace; no order as to costs.

Asit Chowdhury and Anr. Vs State of West… — Civil Procedure and Limitation | Calcutta HC (2023)

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13.06.2023. Court No.13 Item No. 20 ap

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W.P.A. No. 4936 of 2023

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Sri Asit Chowdhury & Anr. Versus

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The State of West Bengal & Ors.

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Mr. Srijib Chakraborty, Mr. Sougata Mitra, Mr. Rameshwar Sinha, Ms. Ankita Dey, Ms. Soma Chakraborty.

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…For the petitioners.

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Mr. Tapas Kumar Mondal.

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..For the State.

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Mr. Supratim Dhar, Mr. Kunal Ganguly.

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…For the respondent nos.4 to 10.

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Affidavit-of-service filed in Court today be taken on record.

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The petitioners claim inaction on the part of the police in assisting him to construct a boundary wall on their premises.

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The petitioners claim to be in possession of the property for the last two decades.

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The petitioners rely upon the report of the Block Land & Land Reforms Officer, Raghunathpur-I, Purulia as also the observations of the Executive Magistrate, Raghunathpur under Section 144(2) of the Code of Criminal Procedure.

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The private respondents are represented.

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Counsel for the private respondents disputes the possession as well as title of the petitioners’ property.

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In the backdrop of the above, this Court is of the

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view that the police cannot enter into any civil disputes between any parties. The petitioners may have a good case in law based on the report of the Block Land & Land Reforms Officer, Raghunathpur-I, Purulia. The same must, however, be tested before an appropriate civil or statutory forum.

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The private respondents claim to be Patta holders of the land in question.

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In those circumstances, this Court is of the view that the petitioners and/or the private respondents must approach an appropriate civil or statutory forum for the purpose of redressal of their grievances.

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Raghunathpur Police Station shall, however, ensure that there is absolutely no breach of peace in the area.

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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. )

Asit Chowdhury and Anr. v. State of West Bengal and Ors.

Case brief

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What did the court decide?

Asit Chowdhury and Anr. v. State of West Bengal and Ors.

Case brief

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What the court decided

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