Asok Kumar Dutta v. State Of West Bengal And ORS.

16-08-2021 ct no. 13 Sl.98 sp WPA 11543 of 2021 Asok Kumar Dutta -VersusState of West Bengal & Ors.

(Via Video Conference) Mr. Kaushik Dey, Mr. Kalyan Kr. Bhattacharjee ...for the petitioner Mr. Debjit Mukherjee, Ms. Susmita Chatterjee ....for the State Mr. Abhik Sarkar, Mr. Barun Chatterjee ...for the private respondent no. 5 Affidavit of service filed in Court today is taken on record.

The writ petitioner complains that the private respondent-brother is continuing to illegally occupy a land that he was permitted to enter, out of love and affection. A complaint in this regard has been filed with the Officer-in-Charge, Sirampore Police Station.

Counsel for the petitioner also relies upon a notice dated March 15, 2021 asking the private respondent-brother to vacate the said premises. This Court sees that dispute is purely private and family in nature and the police have absolutely no role to play whatsoever thereat. The writ petition is thoroughly misconceived and is dismissed with costs assessed at Rs.

2,500/- payable by the writ petitioner to the State Legal Aid Services Authority. The cost shall be paid within a month from date.

However, the Officer-in-Charge, Sirampore Police Station is directed to ensure that there is no breach of peace in the area.

Counsel for the State submits that proceedings under Section 107 of the Cr. P.C. has already been drawn up.

Since no affidavit has been used by the private respondent, the allegations made in the writ application shall not be deemed to have been admitted by this Court.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)