Niranjan Singha v. State Of West Bengal And ORS.

Court no. 14 21.08.2023 D.Hira W.P.A. 15533 of 2023 Niranjan Singha -versus The State of West Bengal & Ors.

Mr. Aniruddha Singha Roy.

...For the petitioner Mr. T.M. Siddiqui, Ms. Amrita Panja Moulick.

... for the State Mr. Debasis Sur, Mr. Hare Krishna Halder, Mr. Himadri Sekhar Paul.

... for the respondent nos. 8 & 9 Mr. Uttam Banerjee, Mr. Mrinal Kanti Biswas.

... for the respondent nos. 11 & 12 The present application was filed to render police help so that certain orders passed by the SubDivisional Executive Magistrate, Egra, Purba Medinipur can be complied with and an obstruction made on the public pathway could be removed.

Report filed on behalf of the State in compliance with the earlier order dated 31st July,2023 is taken on record.

Learned counsel appearing on behalf of the petitioner submits that the obstruction in question has already been removed by the police and the B.L. and L.R.O. Therefore, no further order need be passed in this regard.

Learned counsel appearing on behalf of the respondent nos. 8 and 9 submits that a Civil Suit is already pending regarding partition of the property.

Learned counsel appearing on behalf of the State relies on the report and submits that the direction passed by this Court has been complied with and the obstruction on the public pathway has been removed. I have heard the learned counsel for the parties and have perused the writ petition and the report filed by the State.

Pendency of a partition regarding property between the adverse parties has hardly anything to do with obstruction on a public pathway. Let the same be decided in due course.

It appears that the obstruction on the public pathway has been removed by the respondent authorities.

Therefore, no further order need be passed in this regard.

The respondent authorities shall keep a vigil at the locale and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

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

(Jay Sengupta, J.)