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Calcutta High CourtWPA/10466/2022disposed

Debaprasad Roy And ANR v. State Of West Bengal And ORS.

2022-06-27Hon'Ble Justice Shampa Sarkar2 pages

27.06.2022 Sl. No.56 ss W.P.A. 10466 of 2022 ,, Debaprosad Roy & anr.

Vs.

The State of West Bengal & ors.

Mr. Chirantan Sarkar ... for the petitioners Ms. Sipra Majumdar Ms. Prativa Ghatak ... for the State <, Affidavit of service filed in Court, is taken on record. Despite service none appears on behalf of the respondent nos.4 and 5.

The police authorities have filed a report from which it appears that a dispute had cropped up between the petitioners and the respondent nos.4 and 5 over some repairing work, which was being done by the petitioners.

On the basis of such complaint, an enquiry was made by the police authorities. The enquiry revealed that the petitioners and the respondent nos.4 and 5 were neighbours. They were residing at adjacent premises. The dispute arose over a common passage between the two buildings. Both parties claimed to be the owners of the common passage. The report indicates that the petitioners have completed the repairing work of their house.

Obstructions were with regard to the disputed common passage.

Having found the dispute to be civil in nature, the police authorities did not register an F.I.R. However, a close vigil is being maintained by the police authorities, in order to avoid any untoward incident.

Under such circumstances, nothing remains to be decided in this writ petition.

The police authorities shall ensure that law and order is maintained and the parties do not commit further breach of peace and tranquility. With the above observations, this writ petition is disposed of.

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

(Shampa Sarkar, J.)