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Calcutta High CourtWPA/25147/2024disposed

Shree Prakash Jaiswal v. State Of West Bengal And ORS.

2025-01-30Hon'Ble Justice Tirthankar Ghosh5 pages

Sl.No.

30.01.2025 WPA 25147 of 2024 Court No. 35 G.S.Das Shree Prakash Jaiswal -VsThe State of West Bengal & Ors.

Mr. Shree Prakash Jaiswal ... for the petitioner(s) Mr. Swapan Banerjee, ld. AGP Mr. Sougata Mitra ... for the State-respondent(s) Mr. Rajdeep Bhattacharya ... for the respondent no.9 Mr. Atis Kumar Biswas Ms. Gulnaz Quraishi ... for the KMC Pursuant to the directions passed by this Court, service has been effected upon all the private respondents.

Learned advocate for the respondent no.9 appears in response to the notice which has been received.

Learned advocates for the State and the Kolkata Municipal Corporation are also present.

The petitioner submits that for the last 22 years, he has been tormented at

the behest of the private respondents and there are number of criminal and civil cases pending between the parties.

According to the petitioner, the police authorities are not acting in spite of informing them and are ignoring the existing crisis faced by the petitioner and his family members.

The petitioner complains of free egress and ingress being obstructed at his residence at the behest of the private respondents, who are also creating unnecessary harassment upon him as also his acquaintances.

Learned advocate for the KMC submits that they have no role to play, at present, in view of the nature of the accusations made in the writ petition.

Mr. Benerjee, learned advocate appearing on behalf of the State, has

denied the allegations made by the petitioner and submits that the concerned police station has responded to the information furnished as and when called for.

Be that as it may, I find that the petitioner and the private respondents are at loggerheads. The concerned police station would ensure that no breach of peace and tranquility takes place as also no untoward incident results because of the inimical relationship existing between the parties.

It is also directed that if free egress and ingress by the petitioner and/or any of his acquaintances are brought to the notice of the police authorities, it would be the discretion of the Officer-in-charge and/or any other officer delegated by the Officer-in-charge of the concerned police station to oversee

the issue so that there is no crisis arising from such obstruction created in free egress and ingress to the property.

With the aforesaid observations, WPA 25147 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Since affidavits have not been invited, the allegations made in the writ petition are deemed not to have been admitted.

Reports submitted both by the State as also the KMC be kept with the record.

Supplementary Affidavit filed by the petitioner be also kept with the record.

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

(Tirthankar Ghosh, J.)