Nilmoni Mondal v. The State Of West Bengal And ORS.

12.7.2022 Court No. 19 Item no.4 sn WPA No. 10828 of 2022 Nilmoni Modal Vs.

The State of West Bengal & ors.

Mr. Ranjan Saha ....for the petitioner Mr. Bibek Jyoti Basu Mr. Uttam Kumar De ..for the State Let the affidavit-of-service be taken on record. The petitioner alleges inaction on the part of the police authorities of Bhangore Police Station. The police report indicates that an enquiry was made by the said police authorities upon receipt of the complaint of the petitioner.

Upon enquiry, it was revealed that a perennial dispute existed between the petitioner and the respondent nos. 8 to 11 over their undivided ancestral property. The petitioner and the said respondents are cousins.

The police enquiry revealed that over such dispute, altercation took place between the persons having rival claims to title and a prosecution under Sections 107 and 116 of the Code of Criminal Procedure, had been submitted against the said persons, one in 2019 and thereafter in 2021. The allegation of trespass and attack by deadly weapons,

could not be substantiated during the enquiry. The police authorities have kept a watch in the locality. Having perused the pleadings in the writ petition, the contents of the complaint before the police authorities and the police report, this Court is of the view that the justice would be sub-served if the police authorities keep a sharp vigil in the area, in order to ensure that no untoward incident takes place over the dispute in respect of the ancestral property.

The police report is taken on record.

This writ petition is disposed of.

There will be, however, 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.)