BISWANATH SOMADDER,J. - (1.) In the instant writ petition the petitioners complain of encroachment of portions of plot no. 2942 situated in Mouza - Godagari, J.L. No. 14, Khatian No. L.R. 1050, P.S.-Jalangi, District - Murshidabad, by the respondent no. 4, being the Pradhan of Sagarpara Gram Panchayat. Initially, when this matter was taken up for consideration, the Block Development Officer, Jalangi, Saheb Rampur, District - Murshidabad, was directed to file a report in the form of an affidavit upon conducting a thorough enquiry in the matter and upon an empirical study of the area which had been purportedly encroached by the Panchayat authority. Such report in the form of an affidavit has been filed on behalf of the concerned Block Development Officer on the last date.
(2.) Perusing the report it appears that under the authority of the concerned Block Development Officer, the Joint Block Development Officer, Jalangi, Murshidabad, had conducted an enquiry on 7th December, 2011, in the presence of the Upa-Pradhan and local Gram Panchayat member of Sagarpara Gram Panchayat. In paragraph 3 of the report it has been categorically stated, inter alia, that there was no encroachment or obstruction made by Sagarpara Gram Panchayat on the land in question and only 71 ft. x 12 ft. of land was used by the villagers as path. It has been further stated in paragraph 3 of the report that the Upa-Pradhan of the concerned Gram Panchayat has no objection if the owner of the land took possession of his portion of the plot of land. The learned advocate for the writ petitioners, however, disputes the factual correctness of the report.
(3.) This Court, while exercising its jurisdiction under Article 226 of the Constitution of India, ought not to embark upon an exercise of adjudication of any question of fact which is disputed. This is purely within realms of jurisdiction of a competent civil court where evidence can be adduced.;