Bhai Bhai Fuel Station And ANR v. State Of West Bengal And ORS.

13.03.2023 Court No.13 Item No.32 AP WPA 4924 of 2023 Bhai Bhai Fuel Station and Anr.

Vs.

The State of West Bengal and Ors.

Mr. S.P. Lahiri Mr. Karbel Mondal ... For the petitioners.

Mr. Dhananjay Banerjee Mr. Jisan Iqbal Hossain ... For the Respondent Nos.7, 10 and 12.

The petitioners submit that a civil claim lodged by the private respondents in TS No.168 of 2022 has been dismissed on contest by a judgement and decree dated 4th November, 2022 passed by the learned Civil Judge (Junior Division), Additional Court, Lalbagh, Murshidabad.

The private respondents thus do not have any claim in respect of the property. There are continuos obstructions by the private respondents to the smooth functioning of the petitioners' petrol station under licence from the Indian Oil Corporation Limited. The petitioners are being obstructed while unloading of fuel from the trucks of the Indian Oil Corporation Limited. The Officer-in-Charge, Bhagwangola Police Station has filed a report dated 5th March, 2023 and the same is taken on record.

The report indicates that several proceedings under Sections 107 and 116 of the CrPC have been drawn up against the private respondents.

In the above circumstances, this Court directs that Bhagwangola Police Station shall deploy a police picket comprising of three constables at the petitioners' petrol station at their own costs. The deployment shall be made for a period of two months initially. The cost shall be payable in advance. The quantum of costs shall be communicated to the writ petitioners.

With the aforesaid directions, the writ petition shall stand 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.)