Abdul Gaffar Laskar v. The State Of West Bengal And ORS.

01.10.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23106 of 2024 Abdul Gafur Laskar Vs.

The State of West Bengal & Ors.

Mr. Sudarshan Ghosh ...for the petitioner Mr. Santanu Mitra, Ms. Kakali Pal ...for the State Affidavit of service filed today is taken on record.

The learned Advocate for the petitioner submits that the private respondent has been duty served. Despite service of notice, none appears for the private respondent no. 5.

The petitioner claims to be the absolute owner of a plot of land being Dag No. 478 within MouzaBantra, measuring about decimals.

The petitioner claims to have constructed a building on the said plot of land. The petitioner alleges that the private respondent has forcefully dispossessed the petitioner from his property. The learned Advocate appearing for the petitioner submits that the police authorities should be directed to reinstate the petitioner in his property.

Since the petitioner claims to have been dispossessed from his property by a private party without due process of law, it will be open to the petitioner to approach the civil court of competent jurisdiction for appropriate reliefs in accordance with law.

However, the police authorities are duty-bound to maintain peace and tranquility at the locale. In view thereof, the Inspector-in-Charge, Joynagar Police Station, being the fourth respondent, is directed to ensure that no beach of peace takes place at the locale.

With the above observations and directions, this writ petition stands disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Hiranmay Bhattacharyya, J.)