Prabir Shaw v. State Of West Bengal And ORS.

21.04.2025 WPA 10253 of 2024 Sl.No.

Court No. 35 Sri Prabir Shaw -VsThe State of West Bengal & Ors.

G.S.Das Mr. Shyamal Chakraborty Mr. Debajyoti Mondal ... for the Petitioner(s) Mr. Santanu Kr. Mitra, ld. Sr. Govt. Adv.

Mr. Jugal Chandra Porel ... for the State-respondent(s) Mr. Soumojit Das Mahapatra Mr. Dipankar Mandal Mr. Abdul Aziz Mondal ... for the respondent no.6 The petitioner is aggrieved by the fact that he is unable to enjoy his own property because of the existing family dispute. The petitioner alleges that he is the owner of the house and is being constantly threatened by the respondent no.6. The petitioner also apprehends that he may be thrown out from the said premises.

State has submitted a report which reflects that number of cases are pending being Purba Jadavpur P.S. Case

No. 72 dated 19.07.2023 and Purba Jadavpur P.S.

Case No.

dated 09.12.2023.

It is also submitted by the respondent no.6 that proceedings under the provisions of PWDV Act, 2005 and a matrimonial suit are also pending.

In view of the four cases pending, it is palpable that there is a family dispute. However, the police report reflects that a substantial portion of the property is still under the possession of the writ petitioner which are kept under lock and key.

Having considered the same as also so far as the issue relating to enjoyment of the property is concerned, the police authorities would ensure that there is no untoward incident resulting from the inimical relationship, presently in vogue.

With the aforesaid observations,

WPA 10253 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copy of the report be handed over to learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)