Manisankar Duary v. State Of West Bengal And ORS.

Ct. 05 Item Nos.50 16.02.2022 (suvendu) WPA 1901 of 2022 [Via Video Conference] Manisankar Duary Vs.

The State of West Bengal & Ors.

Mr. Sanat Kumar Roy Mr. Abhishek Banerjee ...........for the petitioner Mr. Pantu Deb Roy Mr. Pannalal Bandopadhyay ............for the State The sole prayer of the petitioner is for a direction on the Officer-in-Charge, Nandakumar Police Station, Purba Medinipur to take necessary steps on the complaint made by the petitioner on 20th January, 2022 in relation to removing an obstruction created by respondent no.6/private respondent. The allegations contained in the writ petition have been responded to by a letter of the respondent no.5 which has been handed up by learned counsel appearing for the State. It appears from the said letter that the dispute between the petitioner and the private respondent pertains to a time table of plying their respective buses and further that the private respondent has been asked not to ply his bus until the time table relied on by the private respondent

has been signed by the concerned person. The said letter dated 15th January, 2022 is taken on record. Nothing further remains in the writ petition. However, since it is not on record whether the respondent no.5 has heard the petitioner's version on the incident, the respondent no.5 is directed to call the petitioner and the private respondent for a hearing on a designated date which shall be communicated by the respondent no.5 to the parties within a week from date. The respondent no.5 shall take an informed decision upon hearing both the parties.

Needless to say, the petitioner's operations shall not be disturbed till the parties are heard by the respondent no.5.

WPA 1901 of 2022 is disposed of in terms of the above.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)