Protik Prakash Banerjee, J. - (1.) This writ petition has been moved on service.
(2.) In this petition under Article 226 of the Constitution of India a family dispute between close relatives has been made the subject matter of the writ petition. The writ petitioners and the non State respondents are near relations who have been engaged in an unending dispute relating to land which appears to be the only valuable thing in West Bengal which is at the same time a major bone of contention. There have been several litigation's inter se and not only did the learned Executive Magistrate have to issue orders to the respondent no. 5 in taking note of this dispute but a suit had to be filed between the parties which resulted in a judgement and decree dated January 20, 2011 which has achieved finality. This binds the writ petitioners and the non State respondents and they cannot be heard to make any submission to the contrary.
(3.) According to the said judgement the plaintiffs in that suit along with the defendants have been held to be the co-owners in equal shares. The plaintiff no. 1 in the said suit is the writ petitioner no. 1 in the present petition. However, despite the names of the writ petitioners being recorded in the record of rights a problem has occurred due to dispute in demarcation of the concerned lands which the parties have not been able to resolve amicably and regularly there is unpleasantness between the said co-owners to the extent that barely restrained violence its imminent. From the records and submissions made at the bar it appears to me that there is sufficient cause to apprehend imminent and clear breach of peace in the entire locality because it appears that the neighbours are selectively taking sides in the dispute in favour of both the parties.;