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Calcutta High CourtWPA/3042/2020disposed

Sikha Sen & ORS v. State Of West Bengal & ORS

2022-11-09Hon'Ble Justice Rajasekhar Mantha2 pages

09.11.2022 Court No.13 Item No.26 AP WPA 3042 of 2020 Sikha Sen & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Dhiman Kumar Sengupta Ms. Sweta Saha ... For the Petitioners.

Mr. Santanu Kumar Mitra Mr. Mirza Kamruddin ... For the State.

Mr. Anubrata Santra Mr. Ashok Kumar Sarkar ... For the Respondent No.8.

Affidavit of service filed in Court today is taken on record.

The petitioners claim that in respect of a dispute of ownership of a property being Plot No.25, Rabindra Nagar, Bartala with the private respondents, an award has been passed in their favour.

It is submitted that the private respondents continued to obstruct and prevent the petitioners from accessing their property.

Counsel for the State submits that on the complaint of the petitioners, Charge Sheet being Rabindranagar Police Station Charge Sheet No.220/22 dated 27th August 2022 under Sections 341/323/506/34 of the IPC has been filed.

It is also submitted by the counsel for the State that Rabindranagar Police has taken out proceedings under Section 107 of the Cr.P.C. against the private respondents.

The remedy of the petitioners is to seek enforcement and/or the execution of the award obtained by them against the private respondents. Rabindranagar Police shall, however, ensure that there is no breach of peace in the area. Any further complaint registered by the petitioners may be enquired by the Rabindranagar Police and suitable steps may be taken in accordance with law.

With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)