Rudra Jyoti Bhattacharjee v. State Of West Bengal And ORS.

AD. 167.

July 1, 2022.

MNS.

WPA No. 20190 of 2021 Rudra Jyoti Bhattacharjee Vs.

The State of West Bengal and others Mr. Partha Sarathi Bhattacharyya, Mr. Raju hattacharyya, Ms. Moumita Mondal, Mr. T. J. Mondal ...for the petitioner.

Mr. Susanta Pal, Ms. A. Neogi ...for the State.

None appears for the private respondents when the matter is called on for hearing, although the petitioner and the State are represented through counsel.

The learned Senior Advocate appearing for the petitioner argues that the petitioner seeks to install CCTV camera in the area where his reservoir and garage are located.

It is contended that the petitioner has exclusive rights over the garage. It is further contended that the petitioner alleges that the private respondents have been creating nuisance in various manners in respect of the reservoir, for which a CCTV camera installation has been necessitated. For such purpose, the petitioner seeks police help, for which he has approached this court.

Learned counsel appearing for the State submits, on the basis of a police report, which is filed today in Court and is kept on record, that the reservoir is in a common area and the garage as well as electric motor pump and other accessories are installed in the vicinity of the said reservoir. It is thus submitted that it is difficult for the police to decide about installation of CCTV camera at the premises when private respondents have raised objection to such installation.

The police report further indicates that there is a private dispute between the petitioner and the private respondent, which is beyond the ambit of the police authorities.

There is substance in the contention of the State inasmuch as the petitioner and/or the private respondents have to approach the competent civil court in the event they seek to vindicate their rights of civil nature. However, in the event any disruption of law and order situation occurs and/or any criminal act is perpetrated against the petitioner, the petitioner always has a liberty to approach the police authorities with such grievance.

In such view of the matter, WPA 20190 of 2021 is disposed of by granting liberty to the petitioner as well as the private respondents to approach the police authorities, in the event there is

any disruption of law and order situation and/or any criminal act perpetrated against the petitioner. If so approached, the police authorities, particularly the respondent no. 4, the Inspector-inCharge, Chinsurah Police Station, shall immediately look into the matter and take adequate steps for redressal of the grievance of the parties.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)