SAMIMARA KHATUN @ BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioner claiming herself to be the lawful owner of a piece of land comprised in Plot No.3165 within Mouza Jhikarhati, Burwan, Murshidabad, has approached this court against police inaction alleging that although she is lawful owner of the land in question and the same is under her actual physical possession, occupation and user and she has been cultivating the said land, the private respondents no. 5 to 12, who are the local hooligans, are forcibly trying to obstruct cultivation work, even the persons whom the writ petitioner engaged for cultivation were assaulted with fists and blows and also threatened with dire consequences.

(2.) IT is then contended by the learned advocate of the writ petitioner that she having no alternative filed a declaratory suit as regards to her right, title and interest over the suit property and for permanent injunction and in connection therewith an interim order of injunction has been passed by the court below restraining the private respondents from interfering with her peaceful possession and enjoyment of the suit property.

(3.) HE further submitted in spite of such order of injunction the private respondents still obstructing the writ petitioner and her men to cultivate the land. They were being armed with deadly weapons threatened the writ petitioner and her men with dire consequences and even her men were physically assaulted and although the incident was reported to the local police station but police has not taken any action against them.