Krishna Singha (Das) v. State Of West Bengal And ORS.

S/L 406(ML) 16.08.2022 Court. No. 19 GB WPA 13782 of 2021 Smt. Krishna Singha (Das) VS The State of West Bengal & Ors.

Ms. Sharmistha China.

... for the Petitioner.

Mr. Samrat Sen, Ms. Manali Ali.

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

Despite service, none appears on behalf of the respondent nos.4 to 6.

The allegation of the petitioner is against the Officerin-Charge, Karnajora Police Station. It is alleged that the police authorities have not provided any assistance to the petitioner to take possession of the property allegedly sold to the petitioner by the respondent nos.4 to 6.

The complaint dated January 14, 2020 does not disclose as to whether any cognizable offence has been committed by the respondent nos.4 to 6. The records also do not reveal that the police authorities were ever approached thereafter, with specific allegations.

The dispute is admittedly with regard to the implementation of an alleged deed of sale. As such, this Court is of the view that neither the writ court not the police authorities can put the petitioner in possession of the alleged property. The petitioner has to approach the appropriate forum. In the meantime, the police authorities shall keep a vigil in order to ensure that the peace is maintained in and

around the land in question, situated at Mouza-Borgram, Police Station-Raiganj, District-Uttar Dinajpur. Accordingly, the writ petition is disposed of. However, there will be 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.)