Shubhra Mitra v. State Of West Bengal And ORS.

November 26, 2025

(11) ARDR WPA 5241 of 2024 Shubhra Mitra Vs.

The State of West Bengal & ors.

Adv. Debasis Lahiri, Adv. Supratim Barik, Adv. Bhawna Tekriwal, ...for the petitioner.

Adv. Rajarshi Basu, Adv. Anirban Datta, Adv. Amrita Tewari, ....for the State.

Report submitted by the State is taken on record. The petitioner alleges that after the death of her husband, the private respondents have illegally taken possession of the debutter property of which she is the shebait and her private property adjacent thereto. They have also committed theft of articles from the property and have evicted her caretakers therefrom. The petitioner has filed a civil suit against the private respondents which is pending. She has also lodged written complaint against the private respondents before the police authority. Learned counsel for the State submits that FIR has been registered pursuant to the written complaint filed by the petitioner and investigation is in progress. An earlier complaint was also filed by the private respondents and charge sheet has been submitted in connection with the same after completion of investigation.

The dispute between the parties appears to be civil in nature. The civil Court is in seisin of the said dispute.

The petitioner is at liberty to ventilate her grievance before the appropriate civil forum.

The police authority is directed to investigate the complaint of the petitioner in a fair, unbiased and impartial manner and take the same to its logical conclusion in accordance with law. The police authority shall keep vigil over the area to ensure maintenance of peace and tranquility therein. The authority shall provide necessary assistance to the petitioner as and when required. With the aforesaid observation and directions, the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)