BASUDEB GHOSH Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2006-9-122
HIGH COURT OF CALCUTTA
Decided on September 11,2006

Basudeb Ghosh Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The petitioner is praying for a mandamus directing the respondents to demarcate his leasehold land and to give him peaceful possession thereof. He is seeking an order directing the State authorities to take steps for preventing the private respondents from encroaching upon his land. He is also asking for a mandamus directing the respondents to complete the eviction proceedings against the unauthorized occupants.
(2.) In my view, for the above-noted reliefs the petitioner is not entitled to approach the writ Court. Counsel for the private respondents strongly disputes the allegation that his clients encroached upon any land owned and possessed by the petitioner. He says that his clients have filed a separate writ petition alleging that the petitioner started interfering with their possession.
(3.) In my view, for reliefs regarding demarcation and recovery of possession of any immovable property, and also for injunction restraining anyone from interfering with one's possession of such property, one has to approach the civil Court only. The writ Court is not the appropriate forum for deciding questions connected with those reliefs. I have not been shown any provision that casts any obligation on any authority to give any decision in any eviction proceedings. Needless to say that if the petitioner has any statutory right, he is free to assert that in accordance with law. With these observations the writ petition is disposed of. There shall be no order for costs in it. Order accordingly. ;


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