Bhanumati Devi And ORS v. State Of West Bengal And ORS.

09-11-2022 ct no. 13 Sl.1 sp WPA 8897 of 2022 Smt. Bhanumati Devi & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Bidyut Kr. Halder, Mr. Indranil Halder ....for the petitioners Ms. Chama Mookherji, Mr. Gourav Das ...for the State Mr. Atindranath Misra ...for the respondent no. 4 The Officer-in-Charge, Golabari Police Station, Howrah is personally present in Court today.

Instructions of the Officer-in-Charge, Golabari Police Station, Howrah, dated 09.11.2022, addressed to the learned State Advocate are taken on record.

It appears from the instructions that the private respondent no. 4 is in custody in connection with a criminal proceeding. He is also a tenant of the writ petitioners. The writ petitioners cannot obtain the keys of the premises and evict the 4th respondent without due process of law. In view of the above, this Court is of the view that the writ petition is contradictory and frivolous.

Hence, the writ petition shall stand dismissed with costs, assessed at Rs. 5,100/- payable to the Golabari Police Station by the petitioners within a period of two weeks from date. The personal presence of the Officer-inCharge, Golabari Police Station, Howrah, is dispensed with.

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

(Rajasekhar Mantha, J.)