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Calcutta High CourtWPA/20521/2022dismissed for default

Tapan Pariya v. State Of West Bengal And ORS.

2023-04-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.04.2023 Court No.13 Item No.360 AP WPA 20521 of 2022 Tapan Pariya Vs.

The State of West Bengal and Ors.

Mr. Rajib Kumar Acharyya Mr. Banshi Badan Maity ... For the Petitioner.

Ms. Sipra Mazumder Ms. Rajlaxmi Ghatak ... For the State.

The petitioner complains that the private respondents has encroached upon his land and have effected permanent construction thereat.

Learned counsel for the State has filed a report in the form of instructions dated 5th April, 2023 issued by the Officer-in-Charge, Kolaghat Police Station addressed to the learned public prosecutor in charge and the same is taken on record.

It appears that Kolaghat Police has received the petitioner's complaint and has taken out proceedings under Section 107 of the CrPC.

The dispute between the parties is purely civil in nature. The remedy of the petitioner is before a Civil Court. Police have no role to play in such civil dispute. However, Kolaghat Police shall ensure that there is no breach of peace in the area.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall 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.)