Jarman Sk v. State Of West Bengal And ORS.

19.03.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 3157 of 2021 Jarman Sk Vs.

The State of West Bengal & Ors.

Ms. Priyakshi Banerjee, Mr. Rafiqul Alam ... For the petitioner.

Affidavit of service filed on behalf of the petitioner is taken on record.

The petitioner complains of police inaction on the ground that the petitioner has not been allowed to carry on construction at the petitioner's land situated at mouza-9, Bamunpukur, L.R. and R.S. Dag No.480 L.R. Khatian no.8797, 8816, 8799, R.S. Khatian no.9136, 9142, 9162, 9180, total measurement of land 6.5 shatak (hereinafter referred to as the said property) due to local intervention. The general diary entry pursuant to the petitioner's complaint has been registered on 20th September, 2020. It therefor cannot be said that the police have refused to register complaint of the petitioner. The petitioner had subsequently lodged two complaints respectively on 4th November, 2020 and 27th November, 2020 with the Secretary, Department of Home, Government of West Bengal, being the

respondent no.1 and Superintendent of Police, Nadia, being the respondent no.2. The petitioner alleges no steps have been taken despite such complaints. So far as the subsequent complaints are concerned, the letters dated 4th November, 2020 and 27th November, 2020 be treated as the petitioner's complaints and necessary general diary entries or FIRs depending upon the nature of offence disclosed therein be registered by the respondent no.5, being the Officer-in-Charge of the local police station wherein the petitioner's property is situated. After such registration the respondent no.5 shall take such steps as may be required in accordance with law. The petitioner shall within 7 days from date submits the letters dated 4th November, 2020 and 27th November, 2020 with the respondent no.5 so that the said respondent can act in terms of the direction given in the instant order.

Nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon

compliance with the necessary formalities.

(Arindam Mukherjee, J.)