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Calcutta High CourtWPA/22244/2024disposed

Goutam Sen And ORS. v. State Of West Bengal And ORS.

2024-09-27Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Sl.60 27.09.2024 S. Gayen ct.no.7 W.P.A. 22244 of 2024 Goutam Sen & Ors.

Versus

State of West Bengal and Ors.

Mr. Sk. Jahadar Alam Mr. Debasis Kundu ...for the petitioners.

Mr. Akash Dutta ...for the State Respondents.

Mr. Dilip Kumar Sinha ...for the Respondent Nos. 6 & 8.

The petitioners allege that no steps have been taken by the police authorities in spite of a fact that a complaint has been lodged by the petitioners by letter dated August 5, 2024 which is appearing in page 24 of the writ petition.

The learned advocate appearing for the respondent Nos. 6 and 8 submits that the disputes relate to possession of pond and adjoining area of such pond. He submits that the dispute is civil in nature. Since as complaint has been lodged, it is the duty of the police authorities to take an action on the complaint lodged by the petitioner in accordance with law.

If the said complaint discloses a cognizable offence the police authorities shall register an FIR forthwith in accordance with law. If the police authorities decide against registration of FIR, reasons are to be communicated within a period of two weeks from the date of receipt of the server copy of this order.

With the above observations and directions the writ petition is disposed of.

However, there will be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Hiranmay Bhattacharyya, J.)