Manick Senapati v. State Of West Bengal And ORS.

16.11.2022.

Court No.13 Item No. 289 ap W.P.A. No. 14890 of 2021 Manick Senapati

Versus

The State of West Bengal & Ors.

Mr. Bhagbat Chowdhuri, Sk. Nizamuddin, Ms. Barnali Gupta.

...For the petitioner.

Ms. Amrita Panja Moulick.

..For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that the private respondent is disturbing peaceful enjoyment of his property and has also assaulted him. The construction being effected by the petitioner is being disturbed. Counsel for the State submits that proceedings under Section 107 of the Code of Criminal Procedure have been taken out.

This Court finds that the remedy of the petitioner against the private respondent may be agitated before an appropriate civil forum.

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

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will 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.)