Khandakar Mondal v. State Of West Bengal And ORS.

22.11.2022.

Court No.13 Item No. 15 ap W.P.A. No. 21662 of 2022 Khandakar Mondal

Versus

The State of West Bengal & Ors.

Mr. Samarendra Nath Biswas.

...For the petitioner.

Ms. Jayeeta Sinha, Mr. Ranjit Rajak.

...For the State.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that the private respondent has effected construction in front of his house that is blocking free ingress and egress. Admittedly, the land in question belongs to PWD and/or the District Collectorate.

The police cannot be directed to remove or disallow any construction without due process of law. This Court is of the view that investigation into the title of the land shall be taken up with the PWD and/or the Office of the District Magistrate by the petitioner in accordance with law.

The police shall only act in terms of a lawful direction passed by the Authority as empowered under the Statute.

Officer-in-charge, Palashipara Police Station shall, however, ensure that there is absolutely no breach of peace in the area.

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

Instructions of Officer-in-charge, Palashipara Police Station dated 22nd September, 2021 addressed to the Government Pleader, High Court, Calcutta is taken on record.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)