Subhas Chandra Samanta And ORS v. State Of West Bengal And ORS.

07.03.2022 Court No.13 Item No.53 AP WPA 525 of 2022 Sri Subhas Chandra Samanta and Ors.

Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Debasish Das ... For the Petitioners.

Mr. Rama Prasad Sarkar Ms. Anita Deb Jana ... For the State.

Mr. Tarapada Das ... For the Respondent Nos.6 to 13.

The petitioners are aggrieved by inaction on the part of the Egra Police Station. It is submitted that the petitioners have lawful sanction plan from the Egra Municipality for effecting construction and repairs in his property. The petitioners carries on business of, inter alia, air-conditioners and is being constantly obstructed and threatened by the private respondents. The private respondents have instituted a suit being TS 261 of 2015 before the Civil Judge (Junior Division), 2nd Court, Contai, Purba Medinipur in which injunction has been refused against the petitioners.

Counsel for the State has produced a report in the form of instructions dated 7th February 2022, issued by the Inspector-in-Charge, Egra Police Station addressed to the learned Government Pleader and the same is taken on record.

After hearing the counsel for the parties and considering the report dated 7th February 2022, this Court is of the view that the Inspector-in-Charge, Egra Police Station shall ensure that there is no breach of peace in front of the petitioner's residence and maintain strict vigil in the said premises so that the petitioners are able to carry out their businesses and repair works without any obstruction or hindrance. With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)