Tapan Kumar Rana And Another v. State Of West Bengal And ORS.

25.11.2021.

Court No.13 Item No. 42 ap W.P.A. No. 3751 of 2021 (Through Video Conference) Sri Tapan Kumar Rana & Anr.

Versus

The State of West Bengal & Ors.

Mr. Soumik Ganguli, Mr. Sayan Roy, Ms. Sampa Ghosh.

...For the petitioners.

Mr. Lalit Kumar Mahata, Mr. Prasanta Behari Mahata.

...For the State.

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

The writ petitioners complain that the private respondent nos.9 to 20 are regularly preventing them from harvesting fish at a pond situated and lying at Bararankua Village under Police Station Ramnagar, Purba Medinipur. The private respondents are also stated to have assaulted the petitioners and their family members.

An FIR has been registered by the Ramnagar Police Station on 6th April, 2020 and a charge-sheet has been filed under Sections 341/323/325/379/427/506/34 of the Indian Penal Code. The said private respondents have been granted bail since the Sections are bailable.

It is submitted by the Counsel for the petitioners that the obstruction, assault and snatching of money by the private respondents is still continuing notwithstanding the criminal proceedings. As a

consequence of the above, the petitioners are unable to carry out their business of catching fish in the pond in question.

Having heard the learned Counsel for the petitioners and the State, this Court directs Ramnagar Police Station to post a police picket comprising atleast three personnel in and around the said pond at the cost of the writ petitioners.

Ramnagar Police Station shall communicate the petitioners the quantum of costs required to be deposited. The police picket shall be posted for a period of one month from date upon payment of costs. It is further directed that Ramnagar Police Station shall ensure that there is no breach of peace in the locale. The police shall take necessary steps in the event of any further nuisance or trouble by the private respondents.

Officer-in-charge, Ramnagar Police Station has given instructions dated 9th February, 2021 to the learned Government Pleader, High Court, Caluctta. The same is taken on record.

With the aforesaid observations, 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.)