Ayub Ali Mandal And ANR v. The State Of West Bengal And ORS

1 02.6.2022 Sc Ct. no.6 WPA 7648 OF 2022 -------------- Ayub Ali Mandal & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Imtiaz Ahamed Mr. Shaunak Ghosh Mr. Anindya Sundar Das Ms. Toslima Khatun.

... For the Petitioners Mr. Nilotpal Chatterjee Mr. Amritlal Chatterjee.

.... For the State Mr. Animesh Paul Mr. Soujanya Bandopadhyay.

... For the Respondent No. 5 Affidavit-of-service, filed in Court, be kept with the record.

The petitioners have come up with the instant application under Article 226 of the Constitution of India claiming themselves to be the owners of the property in question. It is alleged that the private respondents being bargadars of an adjacent plot of land threatening the petitioners in respect of their peaceful possession over the said land. A civil suit was filed and an order of temporary injunction was granted in favour of the petitioners. It is alleged that the police does not render any help to the petitioners. The petitioners finally filed an application under Section 156(3) of the Code of Criminal Procedure before the learned A.C.J.M, Basirhat with a prayer to

treat the said application as an FIR and to register specific cases. However, the police authority has not registered any FIR as yet.

Having heard learned advocates for the petitioners, the State and the respondent no.5 and on perusal of the materials on record, the instant application is disposed of directing the police authority attached to Matia Police Station, North 24-Parganas to render police help to the petitioners to maintain status quo in respect of the possession of the property in question involved in the writ petition.

There will be no order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Bibek Chaudhuri, J.)