Sunity Kumar Chakraborty And ORS. v. State Of West Bengal And ORS.

18.03.2025 WPA 20492 of 2023 Sl.No.

Court No. 35 Sunity Kumar Chakraborty & Ors.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Swapan Kr. Pal ... for the Petitioner(s) Ms. Jhuma Chakraborty Mr. Suddhadev Adak ... for the State-respondent(s) Re Affidavit-of-service so filed be kept with the record.

The petitioners are aggrieved by the fact that the private respondents have encroached upon their property and in spite of informing the police authorities, no steps have been taken.

The petitioners claim to be the owner of the property which has been encroached by the private respondents.

So far as the police authorities are concerned, the report dated 30.08.2023 reflects that a case was registered being Domkal P.S. Case No. 587 of 2021 dated

30.09.2021 and on conclusion of the investigation Domkal P.S. Charge-Sheet No.

of dated 28.11.2023 was submitted before the jurisdictional Court under Sections 447/506/34 of the IPC against the five accused persons.

The petitioners' further grievance is that for physically removal of the encroachment, the Civil Court is supposed to pass an order. If the petitioners approach the learned civil court and specific directions are passed upon the police authorities, the police authorities under those circumstances will put in their endeavour for removal of such encroachment.

So far as the police authorities are concerned, presently, they have already registered a case for trespass.

The police authorities are directed to oversee that there is no breach of the peace and/or tranquility takes place as also no untoward incident resulting from

the strained relationship existing between the parties.

With the aforesaid observations, WPA 20492 of 2023 is disposed of.

Pending application, if any, is also disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the petitioners.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)