Sri Samarjit Samanta & Anr vs The State Of West Bengal & Others
2022 Latest Caselaw 7417 Cal

09.11.2022
Item No.16.
Court No.6.
   AB
                                M.A.T. 1612 of 2022
                                        With
                                 IA CAN 1 of 2022

                         Sri Samarjit Samanta & Anr.
                                      Vs
                       The State of West Bengal & Others

                    Mr. Gopal Chandra Ghosh,
                    Mr. Raj Krishna Mondal ....for the Appellants.

                    Mr. Aswini Kr. Bera,
                    Mr. Arijit Bera .....for the Private Respondents.

Mr. Mujibar Rahaman, Mr. Abdus Salam .....for the State.

By consent of the parties, the appeal and the

application are taken up for hearing together.

A Judgment and Order dated September 2,

2022, whereby WPA No.3608 of 2022 filed by the

appellants herein was disposed of, is under challenge

in this appeal.

The appellants/writ petitioners and the private

respondents live in the same village. The appellants

approached the learned Single Judge with the

grievance that the private respondents have blocked a

portion of a 'moram' road belonging to the Panchayet

by erecting bamboo fence. This has inconvenienced the

writ petitioners to a great extent by restricting their

movement and has adversely affected their business.

The learned Judge found that there were

allegations and counter allegations of factual nature.

Essentially, the disputes between the writ petitioners

and the private respondents were of a civil nature.

Factual disputes being involved, the learned Judge

was of the opinion, and in our view rightly so, that a

competent Officer in the Administration should look

into the grievance of the writ petitioners. The Writ

Court is not well equipped to consider such factual

disputes.

Accordingly, the learned Judge disposed of the

writ petition with the following direction:

"Under such circumstances, this Court is of the view that the highest authority being the District Magistrate, must try and settle the dispute between the parties by his intervention. An enquiry and an inspection shall be made in the presence of the parties. A reasoned decision shall be taken and communicated to the parties.

The petitioners will serve a copy of the writ petition along with the copies of the orders, which have been passed in this proceeding, upon the District Magistrate. On the basis of such records the entire exercise shall be completed by the District Magistrate within a period of two months from date of communication of this order, upon hearing the parties.

It is made clear that while making such inspection, special attention shall also be given to the fact as to whether a car or matador can pass through the 'moram' road. The date and time of the inspection and enquiry shall be communicated to the parties by the office of the District Magistrate to the Gram Panchayet. The Pradhan shall in turn intimate the parties. This Court has not adjudicated the claims and counter claims of the parties."

Being aggrieved, the writ petitioners have come

up in appeal.

Mr. Ghosh, learned Counsel appearing for the

appellants says that in spite of communication of the

order under appeal, the District Magistrate has taken

no steps in the matter. However, we are told that copy

of the writ petition along with copies of the orders

passed in the writ petition were not supplied to the

District Magistrate as was directed by the learned

Single Judge.

We find nothing wrong in the approach or

conclusion reached by the learned Single Judge. The

disputes between the parties are indeed of such a

nature that the Writ Court can hardly adjudicate the

same conveniently.

We affirm the order of the learned Single Judge.

We direct the District Magistrate, Paschim Medinipur,

being the respondent no.7 herein, to act in terms of

the order of the learned Single Judge, which is under

challenge in this appeal. To enable the District

Magistrate to comply with the said order of the learned

Single Judge, which we have upheld, the appellants

shall forthwith serve a copy of the writ petition along

with copies of the orders passed by the learned Single

Judge as also a copy of this order, upon the District

Magistrate. On the basis of such records, the District

Magistrate shall consider the grievance of the writ

petitioners and take appropriate action in the matter if

he finds that there is merit in the complaint made by

the writ petitioners. The entire exercise shall be

completed within a period of two months from the date

of service of a copy of this order along with a copy of

the writ petition and copies of the orders passed by the

learned Single Judge on the District Magistrate. The

District Magistrate shall pass a reasoned order in the

matter in accordance with law, after giving an

opportunity of hearing to all concerned including the

appellants/ writ petitioners and the private

respondents. The appellants will be at liberty to place

the reports of the Panchayet, B.D.O. and the Officer in

Charge of the concerned Police Station, which have

been filed in this Court and annexed to the stay

petition, before the District Magistrate.

We have not gone into the merits of the

appellants' case. The District Magistrate shall take an

informed decision in accordance with law upon

making such enquiry he may deem fit and proper.

Since we have not called for affidavits, the

allegations in the stay application are deemed not to

be admitted by the respondents.

M.A.T. No.1612 of 2022 is, accordingly, disposed

of along with IA CAN 1 of 2022.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)