Tiarul Islam v. The State Of West Bengal And ORS.

D/L 57 19.11.2024 Kausik ct.no.35 W.P.A. 24303 of 2024 Tiarul Islam

Versus

The State of West Bengal & Ors.

Mr. Shataroop Purkayastha ...for the petitioner.

Ms. Sabnam De Bardhan, Jr. Govt. Adv.

Ms. Rupsha Chakraborty ...for the state.

Petitioner is aggrieved by the fact that unlicensed saw mills are operating and the petitioner who is carrying on his business legally, is unable to carry on his business. Petitioner being prejudiced has approached this court as inspite of informing the police authorities, no action was taken.

Affidavit of service so filed be kept with the record.

Learned advocate appearing for the state opposes such contentions and submitted that the report so submitted by the Officer-in-Charge, Sagarpara Police Station as well as Raninagar Police Station do reflect that the police authorities have effectively taken steps. They have dismantled some of the saw mills pursuant to the previous orders passed by the Hon'ble High Court. Police authorities have

also cross-checked regarding the ownership of some of the owners of the saw mill and found it to be satisfactory.

In such circumstances the reports and the contents are accepted by this court, if the petitioner is aggrieved and there are specific instance/instances where there has been violation, petitioner would be at liberty to approach the jurisdictional criminal court under section 175(3) of the Code of Criminal Procedure. The jurisdictional criminal court will exercise its discretion by adhering to the provisions of law.

Copy of the reports have been handed over to the learned advocate appearing for the petitioner. With the aforesaid observations WPA 24303 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)