CALCUTTA HIGH COURT
Rajasekhar Mantha, Ajay Kumar Gupta, JJ
Mukul Das and Anr. – Appellant
Versus
The State of West Bengal and Ors. – Respondent
| Table of Content |
|---|
| 1. challenge to an order regarding land disputes. (Para 1 , 2 , 3 , 4) |
| 2. court emphasizes legal precedents reviewing public land matters. (Para 5 , 8) |
| 3. final decision dismissing the appeal. (Para 9 , 10) |
1. The challenge in the instant appeal is to an order dated 25th April, 2025 passed by a Single Bench of this Court by WPA 495 of 2025.
2. The Court received a report from the respondent No.7/B.L.& L.R.O, Kharibari, Darjeeling. The report indicates that in no uncertain terms that Plot No.831 belongs to Darjeeling Improvement Fund.
3. Learned counsel for the appellants submits that the said Plot No.831 is the subject matter of a Civil Suit between the appellants and the writ petitioner/
respondent and other parties.
4. He argues that when a civil dispute is pending in respect of a land, a writ court generally does not intervene. The Civil Court is equipped with powers to receive evidence by oral and documents.
5. This Court, however, notes that the proposition of law advanced by the learned counsel for the appellants has no manner of application in the instant case. The office of the B.L. & L.R.O. has clearly held that the Plot No.831 belongs to the Darjeeling Improvement
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