Smt. Banasree Das And ORS. v. State Of West Bengal And ORS.

24 20.12.2023 WPA 24054 of 2023 NB Ct. 14 Banasree Das & Ors.

Vs.

The State of West Bengal & Ors.

Ms. Munmun Biswas.

...for the petitioners.

Sk. Md. Masud.

....for the State.

Mr. Sobhan Majumder.

...for the private respondents.

Affidavit of service filed on behalf of the petitioners is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the owners of the premises in question being 17, B Baghajatin Place, P.S. Patuli, Kolkata-700086. The private respondents are disturbing the peaceful possession and enjoyment of the property by the petitioners. He is now claiming ownership in the property with the help of the local police. The complaint made by the petitioners have not been properly dealt with or investigated. Learned counsel appearing on behalf of the State relies on the report and submits as follows. There is a civil dispute pending between the private parties. Now a civil suit has become pending. On the complaints made by both the sides, FIRs have been registered and have been investigated.

It appears that a civil dispute exists between the private parties.

If any of the parties wishes to establish any further right in respect of the said property, the same has to be done before a civil Court.

It further appears that the police have taken steps on the complaints made by either of the parties by registering FIRs. The investigation is going on.

Let the investigation be concluded expeditiously and in accordance with law.

However, the police authorities shall also keep a sharp vigil at the locale and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. Accordingly, the writ petition is disposed of without any costs.

However, the police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)