Sudip Kr Mahato v. State Of West Bengal And ORS.

09.12.2021 Court No.13 Item No.42 AP WPA 12162 of 2021 Sri Sudip Kumar Mahato Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Debasis Sur Mr. Angshuman Patra ... For the Petitioner.

Mr. Rbindra Nrayan Dutta Mr. Hare Krishna Halder Ms. Ashima Das Sil ... For the State.

The petitioner complains that the private respondent is obstructing construction of a boundary wall on his premises.

Learned counsel for the writ petitioner submits that a complaint dated 26th July, 2021 in this regard has been lodged with the Tamna Police Station which has not been attended to.

Learned counsel for the State produces before this Court instructions dated 6th December, 2021 issued by the Officer-in-Charge, Tamna Police Station, Purulia addressed to the learned Government Pleader and the same is taken on record.

It appears that on the written complaint of the writ petitioner, Tamna PS GDE No.965 dated 27th April, 2021 has been registered. The police have taken out proceedings under Section 107 of the Code of Criminal Procedure. There is dispute with regard to the demarcation of land between the writ petitioner and the private respondent.

The Court notices that the disputes between the writ petitioner and the private respondent are purely civil in nature. Parties may take out appropriate civil proceedings to settle their rights and claims in respect of the property in question.

The Officer-in-Charge, Tamna Police Station, Purulia shall maintain regular vigil over the locale and ensure that there is no breach of peace.

With the aforesaid observations, the writ petition is disposed of.

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.)