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Calcutta High CourtWPA/18570/2022disposed

Baruipur Vivekananda Rural Dev Society v. State Of West Bengal And ORS.

2023-03-02Hon'Ble Justice Rajasekhar Mantha2 pages

02.03.2023 Court No.13 Item No.8 pk WPA 18570 of 2022 Baruipur Vivekananda Rural Development Society Vs.

The State of West Bengal & Ors.

Mr. Dilip Kumar Samanta, Mr. Biswapriyo Kumar Samanta, Mr. Argha Banerjee ... For the petitioner.

Mr. Debashis Banerjee, Mr. Kartik Kumar Ray, Mr. Rakesh Jana ... For the respondents Counsel for the writ petitioner complains that the private respondents have ransacked a school and a hostel and stolen articles therefrom. The petitioner has lodged several complaints with the Kultali Police Station. The private respondents are represented. Some of the private respondents are brothers and sisters of the writ petitioner. They also claim to be the co-owners of the property-in-question. T. S. No. 422 of 2022 has been filed by the petitioner before the Learned Civil Judge, Third Court, Baruipur, South 24 Parganas seeking injunction against the private respondents.

The subject matter is the title to the land on which the school is located.

Counsel for the private respondents submits that injunction has since been vacated by the Court on 23rd September, 2022.

Kultali Police has filed a report dated 02.03.2023 and the same is taken on record. It appears that the first complaint resulted in FIR No. 444/22 dated 15th July, 2022 and Charge Sheet No. 13 of 2023 dated 22.01.2023 has been filed against 13 FIR named accused persons. Investigation has been conducted in respect of three other complaints and the allegations have been found to be false and incorrect.

Kultali Police shall continue to maintain regular vigil on the said premises to ensure that there is no breach of peace in the area.

The petitioner may take steps in respect of the final report of the police in accordance with law. The writ petition is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)