Subrata Sardar & ORS v. State Of West Bengal & ORS

14.09.2020 Court No. 05 Item No. 13 CP WPA 6182 of 2020 With IA NO. CAN/1/2020 (Old NO. CAN 4491 of 2020) Sri Subrata Sardar & ors.

vs.

State of West Bengal & ors.

(Via Video Conference) Mr. Sobhan Majumder.

.....for the petitioners.

Mr. Pantu Deb Roy, Ld. AGP., Mr. Anand Farmania.

....for the State.

In this writ petition the petitioner inaction on the part of the police authorities in taking steps against the respondent nos. 5 to 16. According to the petitioners, the respondent nos. 5 to 16 have encroached into the land of the petitioners which has been recorded in the name of the petitioners subsequent to an amicable partition with the coowners. It is the contention of the petitioners that the respondent nos. 5 to 16 have encroached into the land of the petitioners and have started raising construction thereon.

The petitioners filed a complaint with the Baruipur Police Station against the alleged trespass, unlawful assembly and forceful entry by the respondents 5 to 16 into the lands of the petitioners.

The State respondents have entered appearance and Mr. Deb Roy has filed a report prepared by the local police station from which it appears that Baruipur P.S. Case No. 1433/2020 dated July 21, 2020 under Sections 447, 506 and 34 of the Indian Penal Code has been started against the respondents 5 to 16. A sub-inspector has been entrusted with the investigation.

As the police authorities have already taken steps in the matter, this writ petition is disposed of with a direction upon the police authorities to complete the investigation expeditiously and reach the same to its logical conclusion.

CAN 4491 of 2020 is also disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)