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Calcutta High CourtWPA/20066/2021disposed

Sadiful Islam Mondal v. State Of West Bengal And ORS.

2022-08-23Hon'Ble Justice Shampa Sarkar1 pages

S/L 493 (ML) 23.08.2022 Court. No. 19 GB WPA 20066 of 2021 Sadiful Islam Mondal VS The State of West Bengal & Ors.

Mr. Golam Mustafa, Mr. Samirul Sardar ... for the Petitioner.

Mr. Ashis Kumar Guha, Mr. Jayak Kumar Gupta.

... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The respondents have refused service.

The petitioner alleges that the respondent nos.5 and 6 have been disturbing the petitioner's cultivation. A complaint was lodged with the concerned police station. The allegation is that the Officer-in-Charge, Thanarpara Police Station did not take any steps despite such complaint.

The police authorities have filed a report. It appears that it is a land dispute between the parties and a hot altercation had taken place. Accordingly, prosecution under Sections 107 and 116(3) of the Code of Criminal Procedure was submitted against the respondent nos.5 and 6. The police authorities are directed to keep a vigil and maintain peace so that, no further altercation takes place. No observations on the merits of the allegations in the writ petition have been made.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)