Haradhan Hazra And ORS. v. State Of West Bengal And ORS.

19.04.2024 WPA 729 of 2024 Haradhan Hazra & ors.

-vsThe State of W.B. & ors.

Mr. Suddhadev Adak Ms. Richa Pramanik ...for the petitioners Mr. Rajarshi Basu Mr. K. M. Hossain ...for the State Affidavit of service filed on behalf of the petitioners is ssi Ct 14 taken on record.

Despite service, no one appears on behalf of the private respondents.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the owner of the property in question. The petitioner nos.2 and 3 are his son and daughter in law. The private respondents are his other son and relatives. For some time, the private respondents have been disturbing the peaceful possession and enjoyment of the property by the petitioners. The petitioner no.1 had to take help of the local police so that he could stay at the property. Yet, the private respondents are continuously given threats and intimidations and the petitioner no.1 apprehends further ouster from his own property.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. On the complaint of the petitioners, steps have already taken by the police authorities. Proceeding was initiated under Section 107 of the Code. An FIR was also registered. However, at present, the petitioners are staying at the property. There was a note given in writing of the petitioner no.1 that he was not having any further allegation against the private respondents. It appears that the petitioners are now staying at the property belonging to the petitioner no.1.

It also appears that the police have taken steps on the complaint of the petitioner no.1 when the occasion arose. Therefore, no further order need be passed in this regard.

However, the police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. If any untoward incident occurs or is apprehended to the petitioner, he shall be at liberty to call up the Officer in Charge of the Pursurah Police Station who shall then act in accordance with law.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)