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Calcutta High CourtWPA/2095/2023disposed

Rafikul Islam Sardar v. State Of West Bengal And ORS.

2023-03-13Hon'Ble Justice Rajasekhar Mantha2 pages

13.03.2023.

Court No.13 Item No. 19 ap W.P.A. No. 2095 of 2023 Rafikul Islam Sardar

Versus

The State of West Bengal & Ors.

Mr. Wasim Raj Sardar.

...For the petitioner.

Mr. Pantu Deb Roy, Mr. Pannalal Bandopadhyay.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner claims that the private respondents, are obstructing him from erecting a boundary wall in the his land. He has complained to the Domjur Police Station but in vain.

The Inspector-in-charge, Domjur Police Station has filed a report dated 28th February, 2023, which is also taken on record.

It appears therefrom that the petitioner claims to be the absolute owner of the property in question. It further appears therefrom that the private respondents are indeed obstructing him and the petitioner has not deposited any costs for police protection.

In the above circumstances, this Court directs Domjur Police Station to afford necessary police protection to the petitioner by posting a police picket for seven days from the date of deposit of costs. The quantum of such costs shall be communicated to the petitioner.

It is, however, clarified that in the event the private respondents produce any documents contrary to the petitioner's title, the Police shall not intervene in the matter. The petitioner may approach the Civil Court in this regard for appropriate relief.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)