Dhanu Ghosh v. State Of West Bengal And ORS.

27.09.2023 sayandeep Sl. No. 28 Ct. No. 14 WPA 21388 of 2023 Dhanu Ghosh -versus- The State of West Bengal & Ors.

Mr. Anindya Bose Mr. Mridul Biswas ...... for the petitioner Mr. Suman Ghosh Mr. Siddhartha Ghosh ......for the State Mr. Pradyat Saha .....for the Pvt. respondent Affidavit-of-service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing for the petitioner submits as follows. The petitioner is the owner of the land in question being plot No. 833. The private respondent is the adjoining land owner who is trying to prevent the petitioner from constructing a building on the said land although sanctioned plan has been issued by the Pradhan, Susunia Gram Panchayat.

Learned counsel appearing for the private respondents denies the allegations and submits that his client has been enjoying an injunction in respect of his own property being plot No. 832. He further submits

petitioners are trying to encroach upon the private respondent's property.

Learned counsel appearing for the State relies on the report and submits as follows. A proceeding has already been initiated under Section 107 of the Code of Criminal Procedure. The State has also sought for an intervention by the concerned Bl&LRO.

The petitioner is claiming a right in respect of the plot No. 833 while the private respondent could at best show some right in respect of the plot No. 832. Similarly, the petitioner does not have any right in respect of plot No. 832 that purportedly belongs to the private respondent.

Therefore, the private respondent has no right to prevent the petitioner from constructing a house on his own property subject to proper sanctioned plan issued by the local Panchayat.

Let the respondent police authorities maintain a strict vigil at the locale and ensure that no breach of peace takes place.

In the event any untoward incident occurs or is apprehended by the petitioner, he shall be at liberty to intimate the Officer-in-Charge, Manteswar P.S. who shall then act in accordance with law.

With these observations, the writ petitions is disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Jay Sengupta, J.)