Bakkar Sekh v. State Of West Bengal And ORS.

02.06.2022 Court No.06 Item No.14 AP/ss WPA 9661 of 2022 Bakkar Sekh Vs.

The State of West Bengal and Ors.

Mr. Krishan Ray Mr. Amanul Islam Mr. Souvik Das ... For the Petitioner.

Mr. Jahar Dutta Mr. Milon Kumar Maity ... For the State.

The petitioner is claiming to be the owner of a plot of land on the strength of a deed of gift. It is alleged that the private respondent Nos.9, 10 and 11 being the adjacent land owners have restricted the petitioner from enjoying his ingress and egress through the pathway leading to his landed property.

It is also alleged that the respondents are threatening the petitioner with dire consequences. It is the case of the petitioner that the petitioner submitted a representation to the Inspector-in-Charge, Nakashipara Police Station and also to the Superintendent of Police, Nadia. However, police did not take any action. The learned advocate for the State, on the other hand has submitted a police report wherefrom it is learnt that the police has made spot enquiry and submitted a report to the Inspector-in-Charge, Nakashipara Police Station and also to the Superintendent of Police, Nadia.

It appears from the averment made in the petition that the dispute between the parties is absolutely civil in nature. Efficacious relief lies by filing a suit with an appropriate relief in the Civil Court.

This Court cannot pass any order in the nature of temporary injunction against the respondents. Therefore, I do not find any merit in the instant writ petition and the same is dismissed on contest. However, the petitioner is at liberty to file written complaint against the respondents before the concerned police station.

Police report be kept with the record.

(Bibek Chaudhuri, J.)