RAHIM MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present eight writ petitioners have claimed that they are possessing about 5 acres 9 decimal of land under Monirtal Mouza comprising plot nos. 1518, 1520 and 1558 under Khatian No. 1006 by virtue of Patta granted in their favour by the State of West Bengal. After such acquisition they approached the BLLRO, Jaynagar-II, District South 24-Parganas for incorporation of their names which was allowed. Thereafter a Title Suit being T. S. No. 416 of 1970 was filed against them at Baruipur which was dismissed on 12.07.1973 on contest with cost against defendant no. 1 and decreed on compromise against defendant nos. 3, 5, 8 and 9 without cost and also dismissed ex parte without cost against rest. The plaintiff preferred an appeal being Title Appeal No. 781/1973 before the Learned Additional Judge, 7th Court Alipore which was also dismissed on 23.03.1975. Thereafter the appellant preferred a Second Appeal being S. A. 34/1976 which was also dismissed by this Hon'ble Court on 01.09.2004.

(2.) It is their further contention that the private respondent nos. 4 to 11 are not at all appellant in the said Second Appeal being S. A. 34/1976. Yet they are trying to dispossess the petitioners from the said land with the help of other political and antisocial agencies. Therefore, they forwarded the final order passed in S. A. 34/1976 to the Jaynagar police authority seeking their protection but till date no step has been taken by them against those private respondents. Therefore, they have filed the instant writ petition praying for necessary direction upon the respondents to grant appropriate police assistance so that the petitioners may cultivate their land peacefully and to direct them to act strictly according to law.

(3.) On 06.05.2005 this Hon'ble Court issued an interim order directing the Officer-in-Charge, Jaynagar Police Station to take necessary steps for the protection of the lives and properties of the petitioners in every possible manner. Thereafter an application has been filed being C.A.N. 1912 of 2008 by the 11 private respondents praying for vacating the said interim order. The said application was disposed of on 14.07.2008 with the direction that the same shall be treated as affidavit-in-opposition of the private respondents to the writ petition and the petitioner shall be at liberty to file reply thereto within two weeks from date. Thereafter, the petitioners filed affidavit-in-reply on 28.07.2008 which can now be treated as their reply to the said A/O of the private respondents.