Jyotirmay Bhattacharya, J. - (1.) There is a long pending dispute between the appellant and the respondent nos. 3 & 4. The appellant is admittedly the owner of the land-in-question. The respondent nos. 3 & 4 claimed to be the bargadars in respect of the land of the appellant. The proceeding initiated by the private respondents for recording their names as bargadars before the concerned revenue officer was rejected on contest. Being aggrieved by the said order of rejection, two appeals were filed by the respondent nos. 3 & 4 respectively before the appellate authority under Section 54 of the West Bengal Land Reforms Act, 1955. Those appeals are still pending for consideration before the concerned appellate authority. Since the appellant's possession was threatened by the private respondents, the appellant approached the court of the learned Executive Magistrate, seeking restraint order under Section 144(2) of the Criminal Procedure Code. The learned Executive Magistrate, Rampurhat, Distract Birbhum, entertained the appellants' said application under Section 144 of the Criminal Procedure Code and passed an order on 24th July, 2017. The said order is stated hereinbelow : "Seen the plots information as well as order of Barga Case no. 32 of 2017 and 33 of 2017. So no disturbance shall be created by anybody during cultivation over the suit plot. The actual cultivator over the suit plot will be cultivated. Thus the case is disposed of."
(2.) Subsequently the appellant filed a writ petition being W.P No. 21378(W) of 2017 praying for a writ of mandamus commending the respondents, particularly the respondent no. 2, namely, the police authority, to carry out the order dated 24th July, 2017 passed in the Miscellaneous Case no. 1538 of 2017 of the learned Executive Magistrate, Rampurhat, Distract Birbhum.
(3.) The learned Writ Court dismissed the said writ petition after taking note of the report, filed on behalf of the State respondent, indicating therein that there was a long standing land dispute by and between the parties and the proceedings are pending before the appropriate forum under the West Bengal Land Reforms Act. The legality of the said order is under challenge in this mandamus appeal before us.;