Soumitra Das Mahapatra And ORS. v. State Of West Bengal And ORS.

25.11.2024 W.P.A. 6194 of 2024 Item No.29 Ct. No.35 dc.

Soumitra Das Mahapatra & Ors.

versus The State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna ... For the Petitioners.

Mr. Suman Ghosh, Mrs. Munmun Tewary ... For the State.

Mr. Kalipada Chakraborty ... For the Respondent Nos. 8 & 9.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. Petitioners are aggrieved by the act and actions of the police authorities. To that effect, they have already submitted a representation to the Officer-in-Charge, Patashpur Police Station and also the superior officers having control over the said police station.

Records reflect that the main grievance of the petitioners is with regard to an illegal construction which they allege at the behest of the respondent no.7 being helped by respondent nos. 8 and 9. Learned advocate appearing for the respondent nos. 8 and 9 disputes and denies each and every allegation made by the petitioners and submits that the police authorities have no jurisdiction to exercise their powers in respect of the prayers so canvassed.

Be that as it may, the petitioners would be at liberty to approach the jurisdictional civil court for the purposes of addressing their grievance in respect of any illegal construction at the behest of any party.

So far as the police authorities are concerned, the police authorities would keep a strict vigil and ensure that no breach of peace and tranquility takes place in respect of the property referred to in the writ petition and also take into account that no untoward incident stems out because of the dispute and difference between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 6194 of 2024 is disposed of. There shall be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)