Samar Kumar Chandra v. State Of West Bengal And ORS.

04.04.2022.

Item No. 40.

Court No.13 ap W.P.A. No. 15146 of 2021 Samar Kumar Chandra

Versus

The State of West Bengal & Ors.

Mr. Rafikul Islam Sardar.

...For the petitioner.

Despite service of notice, the private respondents are not represented. Affidavit-of-service filed in Court today be taken on record.

The writ petitioner complains of alleged inaction by the Panchla Police Station in looking into the complaint filed against the private respondents. It is submitted that notwithstanding injunction by a Civil Court passed in Title Suit No. 348 of 2021 dated 28th June, 2021, the police have not taken action.

This Court is of the view that the remedy of the writ petitioner is to seek enforcement of the order of the Civil Court under Order 39, Rule 2A of the Code of Civil Procedure, 1908.

However, the Officer-in-charge, Panchla Police Station shall look into the complaint of the petitioner and take steps in accordance with law and ensure that there is absolutely no breach of peace in the area. The complaint filed by the petitioner may be investigated into.

Since the petitioner complains that the private respondents have disrupted water supply connection to his house, the Officer-in-charge, Panchla Police Station shall render assistance to the Prodhan, Bikikola Gram Pranchayat for the purpose of laying the water supply connection to the writ petitioner. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)