Bela Roy v. Nabnna

30.09.2022.

Court No.13 Item No. 50 ap W.P.A. No. 22453 of 2022 Bela Roy

Versus

The State of West Bengal & Ors.

Mr. Kumar Jyoti Tewari, Mr. Aniruddha Tewari.

...For the petitioner.

Mr. Santanu Kumar Mitra, Mr. Subhabrata Das.

...For the State.

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

The petitioner is aggrieved that the private respondents are holding a Puja on his land.

Admittedly, the petitioner had given permission for holding such Puja in the last 5 to 6 years. The electric supply and the Sub-Divisional Officer have accordingly given permission to hold such Puja. The holding of Puja cannot create any special equity in favour of the party in the property in question.

It is submitted that there is a title suit pending with regard to the property.

This Court is of the view that title of the property shall be decided in the said title suit. On the allegations of assault on the petitioner, the police have conducted investigation and taken out appropriate

proceedings under Section 107 of the Code of Criminal Procedure.

The Inspector-in-charge, Nakashipara Police Station shall, however, ensure that there is absolutely no breach of peace in the area and shall continue to maintain a constant vigil thereat.

Since no affidavits have been called for by this Court, the allegations in the writ application shall not be deemed to have been admitted by any of the respondents.

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

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.)