Tirupati Cold Storage Pvt Ltd And ORS v. State Of West Bengal And ORS.

08.07.2022 Sl. No.94(ML) srm W.P.A. No. 11276 of 2022 Tirupati Cold Storage Private Limited & Ors.

Versus

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya ...for the Petitioners.

Mr. Amal Kumar Sen, Mr. Prantik Garai ...for the State-respondents.

Affidavit-of-service is taken on record.

The petitioners allege that the local farmers, whose goods were destroyed when the third chamber in the cold storage had become non-functional due to leakage of ammonia gas, have been threatening the petitioner Nos.2 and 3 and disturbing the business. The petitioner Nos.2 and 3 are apprehensive that the mob may cause some serious damage to the cold storage and also hurt them. Mr. Sen, learned Advocate appearing on behalf of the police authorities, submits that as soon as the intimation was received by the Memari Police Station about the incident which occurred on June 17, 2022, the police authorities rushed to the place of occurrence and prevented the farmers who had gathered around the

cold storage, from causing any damage. The police report is taken on record.

The petitioners are apprehensive that in future such incident may be repeated. It also appears from the report that the police is keeping a sharp vigil.

Under such circumstances, the vigil will continue and the petitioner Nos.2 and 3 are at liberty to approach the Superintendent of Police, Purba Burdwan, for police posting for a brief period. If such application is made, upon assessment of the ground reality and the threat perception, necessary orders will be passed. If it is found that the petitioner Nos.2 and 3 should be granted police posting, costs of the same shall be borne by the petitioner Nos.2 and 3. This order shall not have any impact on the claims of the farmers.

The writ petition is, thus, disposed of.

There will be no order as to costs.

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

(Shampa Sarkar, J.)