Surajit Das And ORS v. State Of West Bengal And ORS.

S/L 14 17.6.2022 Court. No. 19 sn WPA 9963 of 2022 Surajit Das & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Anindya Sundar Das Mr. Sounak Ghosal Ms. Avipsa Sarkar ... for the petitioners Mr. Amitesh Banerjee Ms. Ipsita Banerjee ..for the State Mr. Monomohan Basu Mr. Pasupati Sana ..for the respdts.6-25 Let the affidavit of service be taken on record. The allegation of the petitioner is that the Officer-in-Charge, Lalgarh Police Station have failed and neglected to take steps after the complaint was lodged by the petitioners on May 5, 2022.

The allegation against the respondent nos. 6 to 25 is that the said respondents had obstructed in the cultivation of the lands belonging to the petitioners and also threatened the petitioners with dire consequences. The petitioners were allegedly assaulted by sticks and iron rods. Further allegation is that serious injuries were sustained by the petitioners. The learned advocate for the respondent nos. 6 to 25 submits that the dispute is civil in nature. Mr. Amitesh Banerjee, learned senior standing counsel submits that an enquiry was made after receipt of the complaint of the petitioners. The police

authorities apprehended breach of peace and accordingly a report for prosecution vide N.C.R. no. 308 dated May 20, 2022 under Section 107 of the Code of Criminal Procedure had been submitted. Both the parties have been directed to maintain peace and tranquillity.

It is seen that neither an injury report nor a medical report has been annexed to the writ petition in order to substantiate the claim of assault.

However, as the police authorities had already found that the parties have been quarrelling over their cultivation rights and irrigation of the agricultural lands, this Court is of the view that strict vigil should be maintained in the locality by the Inspector-inCharge, Lalgarh Police Station, in order to avoid any untoward incident.

Accordingly, this writ petition is disposed of. However, there will be no order as to costs.

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

(Shampa Sarkar, J.)