Tanushree Sarkar And Another v. The State Of West Bengal And ORS.

Sl.No.

05.11.2024 WPA 24186 of 2024 Court No. 35 G.S.Das Tanushree Sarkar & Anr.

-VsThe State of West Bengal & Ors.

Mr. Sanjib Seth ... for the petitioners Mr. Suman Sengupta Ms. Rupsha Chakraborty ... for the State-respondents Affidavit-of-service so field be kept with the record.

The petitioners are aggrieved by the fact that they have title to a property but are being resisted by the private respondents, when they are engaging labour(s) for cultivation. As such, the petitioners are suffering from exercising and enjoying their rights in respect of the property.

Learned advocate for petitioners submit that the petitioners and

their family members were assaulted and abused at the behest of the private respondents.

To that effect, they lodged a complaint before the Inspector-in-charge of Karimpur P.S. but, till date, no step has been taken by the police authorities.

As none appears on behalf of the State, Mr. Suman Sengupta and Ms.

Rupsha Chakraborty, learned advocates, who ordinarily appears on behalf of the State, are directed to represent the State.

Their appearances may be regularized by the concerned authority.

I have considered the submissions advanced on behalf of learned advocates for the petitioners and, on an assessment of the same, I am of the view that so far as the title relating to the property and rights to enjoy the said property are concerned, the petitioners

would be at liberty to approach the learned jurisdictional civil court which would decide any right of the petitioners for the purpose of cultivation of the land in issue.

So far as the issue relating to petitioners being assaulted and abused, the petitioners would be at liberty to approach the jurisdictional criminal court under Section 175 and/or Section 223 of the BNSS.

Both learned Civil Court and/or the Criminal Court would act in accordance with law and ensure that if any right accrues to the petitioners, they should not be deprived of the same.

With the aforesaid observations, WPA 24186 of 2024 is Disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court,

Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)