Biswanath Ghosh v. State Of West Bengal And ORS.

16.02.2023.

Court No.13 Item No. 9 pk W.P.A. No. 7866 of 2022 Sri Biswanath Ghosh

Versus

The State of West Bengal & Ors.

Ms. Manali Biswas.

...For the petitioner.

Mr. Shibasis Chatterjee.

...For the respondent no.8.

It is submitted by counsel for the petitioner that her client is residing peacefully on the ground floor of the said premises. The private respondents, who were permitted to reside on the first floor, have left the said premises.

Berhampore Police shall ensure that the petitioner and his wife are able to live in peace and shall attend to any further complaint from the petitioner against the private respondents.

In the event of any serious complaint after due euquiry, Berhampore Police shall not hesitate to take coercive measures against the private respondents. The private respondents shall be entitled to, without causing any disturbance to the petitioner, rectify, repair and restore the first floor to any habitable condition at their own cost. Such repairs and restoration shall not create any equity or rights in favour of the petitioner in the said property. With the aforesaid observation, the writ petition is disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)