Tunu Sarkar @Majumdar v. State Of West Bengal And ORS.

05.12.2022.

Court No.13 Item No. 19 pk WPA 13982 of 2021 Smt. Tunu Sarkar @ Majumdar

Versus

State of West Bengal & Ors.

Mr. Haradhan Banerjee Mr. Asit Kumar Bhattacharya Ms. Mousumi Biswas ...For the petitioner.

Mr. Amitesh Banerjee, Ms. Ipsita Banerjee, Mr. Suddhadev Adak ... for the State.

The writ petitioner is aggrieved that the Narendrapur Police has not assisted in clearing garbage piled by the private respondent in front of his tenanted premises.

It is also submitted that access to the meter room has also been blocked and water connection to the petitioner has also been interrupted.

This Court is of the clear view that the dispute between the petitioner and the private respondent is purely civil in nature. The remedy of the petitioner against the private respondent is before an appropriate Civil Court. The police are not supposed to help the petitioner to either clear the garbage within his premises or to access to any meter room or restore his water supply. The petitioner may take out appropriate civil proceedings in accordance with law.

This Court sees no inaction on the part of the Narendrapur Police in this regard.

The Officer-in-Charge, Narendrapur Police Station shall, however, ensure that there is no breach of peace in the area.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)