Buddheswar Mondal v. State Of West Bengal And ORS.

03.11.2022.

Court No.13 Item No. 65 ap W.P.A. No. 18013 of 2022 Buddheswar Mondal

Versus

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyaya.

..For the petitioner.

Mr. Amal Sen, Mr. Jaladhi Das.

...For the State.

Mr. Satyajit Mondal, Mr. Amit Bikram Mahato.

...For the respondent nos.5, 6 & 7.

Affidavit-of-service filed in Court today be taken on record.

The writ petitioner complains that the private respondents are objecting to construction on the petitioner's property, have tied up the petitioner and his son-in-law and have beaten them up.

Pathar Pratima Police Station has taken cognizance of the petitioner's complaint and has drawn up proceedings under Section 107 of the Code of Criminal Procedure. There is also apprehension of breach of peace in the area.

Counsel for the private respondents submits that the sanction plan obtained by the petitioner is illegal since they cannot effect construction on Sali land.

This Court is of the view that disputes between the parties may be agitated in appropriate civil or statutory proceedings.

However, Pathar Pratima Police Station, Sundarban Police District shall ensure that there is absolutely no breach of peace in the area and shall continue to maintain vigil thereat.

The petitioner and the private respondents are warned against any violence or breach of peace in the area.

With the aforesaid directions, the instant writ petition shall stand disposed of.

The instructions of the Officer-in-charge, Pathar Pratima Police Station, Sundarban Police District dated 16th August, 2022 addressed to the Government Pleader, High Court, Calcutta be taken on record. There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)