Mon Banerjee v. State Of West Bengal And ORS.

23.06.2022 Sl. No.98 srm W.P.A. No. 16575 of 2021 Mon Banerjee

Versus

The State of West Bengal & Ors.

Mr. Debobrato Roy, Ms. Miru Hazra ...for the Petitioner.

Mr. Debjit Mukherjee ...for the State-respondents.

Despite service, none appears on behalf of the respondent Nos.5 and 6. Affidavit-of-service is taken on record. The complaint, which has been annexed to the writ petition, states that the respondent Nos.5 and 6 were trying to encroach upon and grab the property of the petitioner. Threat to life and damage to the property have been alleged. Obstruction to the free ingress and egress of the petitioner to and from the property in question, has also been alleged. It has further been stated that the respondent Nos.5 and 6 are living elsewhere, but they have allegedly locked the portion, which was enjoyed by the petitioner. The petitioner claims 50% share in the property, on the basis of an heirship certificate and record of rights, which have been annexed to the writ petition. A prayer has been made before the police authorities, for police protection.

The police authorities have not come up with any report with regard to the action taken on the basis of the complaint. The Inspector-in-Charge, Maheshtala Police Station shall consider and dispose of the complaint filed by the petitioner dated March 5, 2021, in accordance with law. Both the parties shall be heard. If there are disputes with regard to the title and interest of the property, remedies are before the learned Civil Court. However, the police authorities shall intervene in case any wrongful restraint, or threat or harassment is caused to the petitioner.

The writ petition is, thus, 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.)