Subhash Chandra Majhi And ANR v. State Of West Bengal And ORS.

03.04.2023.

Court No.13 Item No. 18 pk W.P.A. No. 3722 of 2023 Subash Chandra Majhi & Anr.

Versus

The State of West Bengal & Ors.

Mr. Rajan Kali, Mr. Suraj Bhattacharjee, ...For the petitioners.

Mr. Lalit Mohan Mahata, Mr. Rudranil De.

...For the State.

Mr. Biswaroop Mukherjee, Mr. Avijit Dey.

...For the respondent no.4.

Mr. Subhadeep Chatterjee, Ms. Arpita Kundu.

...For the respondent no.5.

The writ petitioners complain that the private respondents, with a intention to compel them to sell the property, have been hurling garbage in their premises. The writ petitioners claim to run a charitable school for poor children in that premises.

It is submitted that since after 28th of March, 2023, there have been incidents where bombs have been hurled and window panes have been broken. The Bhatpara Police Station is represented and has referred to the complaint of the petitioners which has been registered as FIR No. 232 of 2023 dated 30.03.2023.

Counsel for the private respondents submits that his clients are not in any way interested in the petitioners' property.

It is further stated that the petitioners have suppressed the Title Suit No. 3 of 2023, filed by the them before the Civil Judge (Junior Division), 1st Court at Barrackpore, against the private respondents, dated 03.01.2023. The defendants in the said suit, who are respondents herein, have been restrained from changing the nature and character of the suit property.

It is ordered that the investigation into the FIR in question be taken up and completed diligently, sincerely and expeditiously.

Bhatpara Police shall also ensure that there is no breach of peace in the area Bhatpara police shall assist the petitioners that the school is able to function smoothly.

The writ petition is 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.)