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Calcutta High CourtWPA/10515/2021disposed

Salil Giri And ORS v. State Of West Bengal And ORS.

2021-05-24Hon'Ble Justice Rajasekhar Mantha2 pages

24-05-2021 ct no. 13 Sl.7 pk WPA 10515 of 2021 (Through Video Conference) Sri Salil Giri and others

Versus

State of West Bengal and others Ms. Suparna Das ...for the petitioners Mr. Aniruddha Sen, Mr. Soumitra Bandyopadhyay ... for the State.

The petitioners claim that the private respondent nos. 7 and 8 are forcibly evicting them from land belonging to them. It is further submitted that the private respondents are threatening the petitioners with earth moving equipment and are trying to forcibly occupy their land after evicting the petitioners.

Counsel for the State submits that the proceedings against the private respondent nos. 7 and 8 under Sections 107/116 of the Code of Criminal Procedure have been initiated. Further investigation is also stated to be on.

Admittedly, the said plot of land belongs to the petitioners. The fear expressed by the petitioners of being forcibly evicted appears to be corroborated by the counsel for the State.

In those circumstances, the Officer-inCharge, Nayagram Police Station shall conduct a full investigation and submit a final report to the concerned A.C.J.M. within a period of three weeks from date mandatorily and positively.

In the meantime, however, the Officer-inCharge, Nayagram Police Station shall post a police picket at the said premises. The cost of the picket and police force shall be borne entirely by the petitioners at the first instance. The picket shall be posted for a period of four weeks from date. Further continued picketing may be decided by the Officer-inCharge, Nayagram Police Station after reviewing the entire situation and after hearing the petitioners in person or through their counsel.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties are directed to act on a server copy of this order.

(Rajasekhar Mantha, J.)