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2019 DIGILAW 392 (CAL)

MURARI MOHAN GAIN v. STATE OF WEST BENGAL

2019-03-20

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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JUDGMENT: BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 15th January, 2019, passed by a learned Single Judge in WP 25902 (W) of 2018 (Murari Mohan Gain vs. The State of West Bengal & Ors.). 3. By the impugned judgment and order, the learned Single Judge was pleased to dispose of the writ petition with certain observations. 4. The instant appeal has been preferred by the writ petitioner. 5. For convenience, the impugned judgment and order is set out here in below in its entirety:- “Affidavit of service filed by the petitioner be kept on record. Mr. Chowdhury, learned advocate appearing for the petitioner submits that the petitioner is the owner of the land detailed in paragraph 2 of the writ petition. The private respondents nos. 8 to 11, who have no right, title and interest over the concerned land, sought to disturb the petitioner's peaceful possession over the said land. Such fact was intimated to the police authorities but the same has not been treated as FIR and no criminal case has been registered. Aggrieved thereby, the petitioner has approached this Court. Mr. Kamruddin, learned advocate appearing for the State respondents submits that the dispute between the parties is civil in nature and as such no interference is called for in the present writ petition. To maintain peace and tranquility, proceedings under Section 107 of the Code of Criminal Procedure has already been drawn up against the private respondents and as such the allegation of inaction as levelled against the police authorities is not sustainable. Let the written instruction, as produced, be kept on record. The grievance of the petitioner is that though his complaint discloses cognizable offence, the police authorities have not treated the same as FIR and no criminal case has been registered. For redressal of such grievance, the petitioner would be at liberty to avail the remedies, as provided under the Code of Criminal Procedure. The writ petition is, accordingly, disposed of. There shall however be no order as to costs.” 6. Even a bare perusal of the impugned judgment and order reveals that the same has been rendered with cogent and justifiable reasons. The writ petition is, accordingly, disposed of. There shall however be no order as to costs.” 6. Even a bare perusal of the impugned judgment and order reveals that the same has been rendered with cogent and justifiable reasons. In an Intra-Court Mandamus Appeal, interference is usually warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts of the instant case, we do not notice any such palpable infirmity or perversity on a plain reading of the impugned judgment and order. As such, we are unable to interfere with the impugned judgment and order. 7. The appeal and the application for stay are liable to be dismissed and stand accordingly dismissed. Arindam Mukherjee, J. : I agree.