Sri Sukumar Chatterjee v. State Of West Bengal And ORS.

01.06.2023 Item No.AD1 Ct. No.7 S.A.

WPA 12840 of 2023 Sukumar Chatterjee -vsState of West Bengal & Ors.

Mr. Debasis Kar ...for the petitioner Mr. Jahar Dutta Mr. Bipin Ghosh ...for the State Mr. Soumyajit Bhatta ...for the respondent no.4 The petitioner claimed to be the authorized President of one Ramkrishnapur Unnayan Samity, District 24 Parganas (North), Police Station Ghola. The petitioner claimed that the free egress and ingress of the petitioner as well as the other persons related to the said Unnayan Samity are being hindered by the respondent no.7 along with some allegedly unknown persons though are named in paragraph 4 to the writ petition. The petitioner lodged a complaint dated May 9, 2023 Annexure P-2 and Page 14 to the writ petition before the jurisdictional police station. A mass petition was also filed at page 17 to the writ petition. The petitioner claimed that the police authority had not taken any step to protect the right and liberty of the petitioner for free egress and ingress through the said passage. The petitioner and the members of the Unnayan Samity are being threatened even by the police authority.

Mr. Jahar Dutta, learned counsel appearing for the respondent nos.1, 2, 3 and 6 placed the police report dated May 31, 2023 which was prepared under the signature and seal of one Biswabandhu Chattaraj, the Officer in-charge of Ghola police station. The said police report is taken on record.

It appears from the said police report that mass petition and counter mass petition are pending before the police authority. A Civil Suit being Title Suit No.664 of 1986 is also pending filed by the Ramkrishnapur Unnayan Samity before the learned Fourth Civil Judge (Jr. Division), Sealdah.

After considering the submissions made on behalf of the parties and after considering the materials on record it appears to this court that the dispute raised through this writ petition is purely civil in nature and the writ court shall not entertain the same.

However, the local police authority including the jurisdictional police station through its appropriate officer is directed to ensure that peace and tranquility are maintained at the locale.

With the above observation, this writ petition being WPA 12840 of 2023 stands disposed of without any order as to costs.

(Aniruddha Roy, J.)