Jayanta Kumar Biswas, J. - (1.) The petitioners are aggrieved by the decision of the Prodhan, Mirzapur Bankipur Gram Panchayat dated June 7th, 2004 that because of the existing title dispute over the immovable property in question he has was not in position to give permission to raise construction. They submitted application for the permission in terms of provision in Section 23 of the West Bengal Panchayat Act, 1973. In terms of provision in Rule 19(2) of the West Bengal Panchayat (Gram Panchayat) Rules, 1981 they were required to submit the record of rights showing their title and interest in the property. The fourth to sixth respondents raised objection to grant of any permission to the petitioners. They contended that the petitioners were not the owners of the property in question. In view of the objection, the Prodhan gave opportunity to both the parties of placing their respective cases before him. After considering their cases, he held that in view of the title dispute he was not inclined to grant permission to the petitioners. Counsel argues that the documents produced will show that the petitioners are the actual owners of the property. According to him the documents produced by the private respondents do not show that they have title to the property in question. He invites me to hold that the petitioners being the actual owners of the property were entitled to get the permission for raising constructions. The position is disputed by counsel for the private respondents. His contention is that the documents and the Civil Court decree produced by him will show that the petitioners are mere trespassers.
(2.) I have no hesitation in saying that the petitioners have approached the wrong forum. The Prodhan, in my view, rightly refused the permission, since ownership claimed by the petitioners was disputed by the private respondents by producing orders and documents. In exercise of writ powers, I cannot declare title of the petitioners. The question whether they are the actual owners of the property is not to be adjudicated by the writ Court, but by the Civil Court. Hence, I hold that as the things stand now the decision of the Prodhan does not call for any interference. For these reasons the writ petition is dismissed. There shall be no order for costs in it. It is made clear that nothing in this order shall prevent the petitioners from approaching the appropriate Civil Court for getting necessary relief in accordance with law. Urgent certified xerox copy of this order, if applied for, shall be supplied to the parties within three days from the date of receipt of the file by the section concerned. Petition dismissed. ;