Prasanta Kumar Giri v. State Of West Bengal And ORS.

09.08.2023 rc/ct.no.14 Item No.90 WPA No. 13269 of 2023 Prasanta Kumar Giri

Versus

The State of West Bengal & Ors.

Mr.Prasanta Giri ... petitioner-in-person Adv. Sk. Md. Galib Adv. Jyotsna Roy Mukherjee ...for the State This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to take necessary action against the respondent no. 5 in accordance with law.

Affidavit of service filed by the petitioner is taken on record.

Report filed by the State-respondents is also taken on record.

The petitioner appearing in person submits as follows. The petitioner is the owner of the property in question. The private respondent is his nephew who is disturbing his possession. He has no right, title and interest in the property. However, he is trying to grab the property with the help of the anti-social elements. The petitioner has sought help before the police authorities, but no assistance has been rendered.

Learned counsel appearing on behalf of the Staterespondents relies on the report and submits as follows. The property is essentially a pond measuring about 4 decimals. It is lying in an abandoned condition. On the

complaint filed by the petitioner, enquiry was done by the police authorities and it appears that there is a dispute between the private parties over fixing the price of the pond.

I have heard the learned counsel appearing on behalf of the parties and have perused the writ petition and the report filed by the State-respondents. It appears that there is a dispute of civil in nature existing between the private parties.

However, the police have acted on the complaint of the petitioner inasmuch as an enquiry was done. The police should also explore the possibility of initiating a proceeding under Section 107 of the Code. The police shall keep sharp vigil at the locale and ensure that no breach of peace takes place.

With the above observations and directions, this writ petition being WPA No. 13269 of 2023 is disposed of. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Jay Sengupta,J)