Sajal Ari vs The State Of West Bengal & Ors
2021 Latest Caselaw 6071 Cal

06-12-2021
 ct no. 13
 Sl.37
  sp

                         WPA 15886 of 2021
                              Sajal Ari
                                Versus
                   The State of West Bengal & Ors.
                       (Via Video Conference)

             Mr. Mukunda Lal Sarkar
                                               ...for the petitioner

             Mr. Rajdeep Biswas,
             Ms. Rama Ghosh Dastidar
                                           ...for the Union of India

             Mr. Amitesh Banerjee, ld. Sr. St. Counsel,
             Mr. Somraj Dhar
                                                  ...for the State

             Mr. Apurba Krishna Das
                               ...for the respondent nos.6 to 13

The petitioner and the private respondents

are at serious loggerheads with regard to title of the

petitioner's land.

The private respondents submit that the

petitioner is neither in possession of nor has validly

purchased, the 30 decimals of land. The said land

is supposed to be a part of a joint property. It is

submitted by the private respondents that the title

deed of the petitioner is forged and fraudulent.

This Court cannot enter into the said

disputes. However, since there is a Civil Suit being

T.S. 71 of 2020, now pending before the learned

Civil Judge, Senior Division at Ghatal, the parties

may thrash out their disputes and differences in

the said suit.

It is submitted that the learned Civil Judge

has ordered status quo and police help to ensure

the order of status quo.

Mr. Amitesh Banerjee, learned senior counsel

for the State submits that it is impossible to enforce

the status quo since the property is not

demarcated.

This Court is of the view that the right, title

and interest in respect of the said property is

subject matter of the pending civil suit. The learned

Civil Judge, Senior Division, Ghatal shall

expeditiously dispose of the pending suit being T.S.

71 of 2020 in accordance with law.

Since proceedings under Section 107 and

116 of the Cr. P.C. have been drawn up, this Court

directs the Officer-in-Charge, Daspur Police Station

to ensure that there is no breach of peace in the

said area.

With the aforesaid observations, the writ

petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)