Majfira Bibi v. The State Of West Bengal And ORS.

A-198 06.08.2025 Court No.14 AGM

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 14257 of 2025 Majfira Bibi Vs.

State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee. Sr. Adv.

Ms. Maitreyee Chatterjee.

...for the Petitioner.

Mr. Md. Ahsanuzzaman.

Mr. Pradipta Siddhanta.

... for the State.

Mr. Manas Kumar Das.

... for the private respondent nos. 6 to 10.

1. Affidavit-of-service filed on behalf of the petitioner be retained with the records.

2. The petitioner alleges that certain miscreants have illegally and arbitrarily barged into the private residence of the petitioner and demolished substantial portion of the ground floor absolutely illegally and without any order from any competent authority.

3. The petitioner alleges that her right to life is at stake.

4. Complaint was lodged before the police. Relying on which the police have initiated a proceeding being Kandi P.S. Case No. 240/25 dated 14.05.2025 which after investigation has resulted in filing of the Kandi P.S. charge sheet no. 262/25 dated 23.06.2025 under Sections 329(4)/324(5)/351(3)/3(5) BNS. The accused persons surrendered before the Court on 16th May, 2025 and obtained bail and presently trial is pending.

5. The petitioner seeks compensation on account of the damage that has been caused to her property.

6. On a perusal of the documents annexed to the writ petition, it appears that prayer for grant of damages has been made before the I/C Kandi PS.

7. The I/C Kandi PS is directed to follow up the matter with the District Magistrate, Murshidabad to consider the petitioner's prayer for grant of compensation.

8. The District Magistrate, Murshidabad is directed to take a decision on the petitioner's prayer for grant of compensation in accordance with law at the earliest but positively within a period of six weeks from the date of communication of this order.

9. A reasoned order shall be passed and communicated to the petitioner.

10. It will be open for the District Magistrate to cause spot inspection to ascertain facts and grant opportunity of hearing to the petitioner or her authorised representative.

11. Written instruction by the Inspector-in-Charge, Kandi PS, Murshidabad dated 04.07.2025 be retained with the records.

12. The writ petition stands disposed of.

13. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)