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Calcutta High CourtWPA/12207/2024disposed

Mallika Samanta (Maiti) v. State Of West Bengal And ORS.

2025-04-21Hon'Ble Justice Tirthankar Ghosh3 pages

21.04.2025 WPA 12207 of 2024 Sl.No.

Court No. 35 Mallika Samanta (Maiti) -VsThe State of West Bengal & Ors.

G.S.Das Mr. Sirsanya Bandopadhyay, ld. Sr. St. Counsel Mr. Debopriyo Karan ... for the State-respondent(s) The petitioner complains that her husband expired and pursuant to the same, the place of business was illegally occupied by the private respondents.

Records of the case speak that the place of business was used for selling vegetables.

State has submitted a report which reflects that Panskura P.S. Case No. 792 of 2023 was registered for investigation.

Subsequently, charge-sheet was submitted on or before 29.02.2024.

There are other cases which have also been initiated earlier at the behest of the complainant which was addressed to

the police authorities.

So far as the issue relating to encroachment caused in front of the shop of the private respondents is concerned, the same cannot be attended by the police authorities without any appropriate order from a civil court.

Accordingly, it is directed that the petitioner, if so advised, would approach the learned civil court for appropriate relief.

In the meantime, the police authorities would only ensure that no untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 12207 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)