Madhu Sudan Mandal v. The State Of West Bengal And ORS

28.07.2022 Court No. 19 Item no.04 CP W.P.A. No. 15590 of 2021 Madhu Sudan Mandal Vs.

The State of West Bengal & ors.

Mr. Sarbananda Sanyal ...for the petitioner.

Mr. Subhabrata Datta Mr. Banibrata Datta ....for the State.

Affidavit of service is taken on record.

The petitioner alleges overt act of the police authorities.

According to the petitioner, the Inspector-in-Charge, Berhampore Police Station interfered with the construction work of the petitioner. It is submitted that the respondent no. 6 was unsuccessful in the Title Suit filed against the petitioner. The petitioner obtained a sanction for construction. An order of police protection was also given by the learned Sub-Divisional Executive Magistrate. It is now alleged that when the petitioner started construction on the basis of the sanction, granted by the competent authority, the police authorities interfered with such construction. The disputed questions of facts which are involved in this writ petition, cannot be decided at

this stage. However, the petitioner has already approached the Superintendent of Police, Murshidabad by filing a complaint on July 14, 2021. The said representation/complaint of the petitioner shall be considered by the Superintendent of Police, Murshidabad and appropriate action as permissible under the law, shall be taken within a period of two weeks from the date of communication of this order. The writ petition is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)