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Calcutta High CourtWPA/18788/2022disposed

Bhabatosh Ghosh And ANR v. State Of West Bengal And ORS.

2023-05-15Hon'Ble Justice Rajasekhar Mantha2 pages

15-05-2023 ct no. 13 Sl. 34 pk WPA 18788 of 2022 Bhabatosh Ghosh and another -VersusThe State of West Bengal & Ors.

Mr. Kasutav Banerjee Ms. Ria Kundu ... for the petitioners Sk. Md. Galib, Ms. Subhra Nag ... for the State.

1.

Affidavit of service filed in Court is taken on record.

2.

The writ petitioner complains of alleged inaction on the part of the Gaighata Police Station.

3.

It is submitted that miscreants and private respondents are cutting trees and interfering with possession of the petitioners in respect of the said land.

4.

This court is of the view that the petitioners should obtain an appropriate order of a civil or statutory forum with specific directions on the Police, which shall be complied with.

5.

In the absence of any direction from the Civil Court, it is not possible for the Police to determine the nature and extent of the land or rights of the petitioners therein.

6.

The Police shall ensure that there is no breach of peace in the area.

7.

The writ petition is disposed of.

8.

There will be no order as to costs.

9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)