Supriyo Ghoshal v. State Of West Bengal And ORS.

16.8.2022 Sl.No.432 sn WPA 15552 of 2021 Supriyo Ghoshal

Versus

The State of West Bengal & Ors.

Mr. Aryak Dutt ...for the petitioner Mr. Amitesh Banerjee Mr. Tarak Karan ..for the State The petitioner alleges that the police authorities had placed a padlock at premises no. P162, Kalindi Housing Estate, Kolkata 700 089. It is a double storied building, which allegedly belonged to one Saroj Kumar Ghoshal, since deceased. The petitioner claims to be the son of the deceased. It is alleged that the parents of the petitioner were living separately and the father used to reside at the said premises. After the death of the father, the petitioner was intimidated about the incident. The petitioner went to the premises and after conducting the Sradh Ceremony of the father, he left the premises under lock and key.

It is alleged that the police authorities thereafter entered into the premises and put their own padlock, with the intention to occupy the same. The learned advocate for the police authorities submit that the police authorities did not have any interest in the property in question. The allegation of affixation of the padlock at the premises is also denied. The premises is an abandoned property.

Under such circumstances, nothing further remains to be decided in this writ petition. The specific contention of the police authorities that the property had never been used by the police, is taken note of.

This order shall not be construed as a declaration of the Court on the right of the petitioner in respect of the property in question. In case, there are rival claims to the property in question, such issue shall be decided by the appropriate forum. The writ petition is disposed of.

There will be no order as to costs.

All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)