← Library
Calcutta High CourtWPA/1426/2025disposed

Debasis Jana And ANR. v. State Of West Bengal And ORS.

2025-04-17Hon'Ble Justice Tirthankar Ghosh3 pages

W.P.A. 1426 of 2025 Debasis Jana & Anr.

VS The State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna.

... for the Petitioners.

Mr. G.K. Das, Mr. K.C. Sahoo, Mrs. P. Dutta.

...for the private respondents.

Mr. Uttam Kumar Bhattacharyya.

...for the respondent nos. 7 & 8.

Mr. Swapan Banerjee, Ld. AGP, Mr. Soumen Chatterjee.

...for the State.

Petitioners have approached this Court being 17.04.2025 Court No. 35 Item No.176 Rakib aggrieved by the inaction of the Officer-in-Charge, Marishda Police Station. Petitioners' main grievance is that his business is being interfered at the behest of the private respondents and to that effect repeatedly they have informed the police authorities. However, the police authorities were reluctant to act.

Attention of the Court has been drawn to the order passed in WPA 18943 of 2021, specific directions were passed by the Coordinate Bench. Consequently, the Purba Medinipur Zilla Parishad conducted an enquiry wherein the Secretary of the Zilla Parishad has informed the petitioners that the petitioners failed to fulfill condition of the agreement for the short-term lease and the said lease has been consequently cancelled. The same is with reference to memo number 19/1(2)/3/CC/Contai/PMZP/2025.

Subsequently, again the Secretary, Purba Medinipur Zilla Parishad by a communication dated 18.02.2025 has informed regarding the illegality in the construction made at the behest of the petitioner. Learned advocate appearing for the petitioner vehemently opposes the contentions of the private respondents as well as the respondent nos. 7 and 8 and additionally submits that the petitioner has prayed for cancellation of the notices issued by the Zilla Parishad before the appropriate forum.

In view of the stand of the Zilla Parishad and the earlier direction passed the authorities will act in accordance with law. However, it must ensure that there should not be any breach of the peace and/or tranquility and/or any untoward incident resulting from the consequences which might ensue because of the dispute and difference between the petitioner and the private respondent nos. 9 to 12 and their associates. With the aforesaid observations WPA 1426 of 2025 is disposed of.

Report so submitted by the Secretary, Purba Medinipur Zilla Parishad be kept with the record. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)