Pranab Kumar Sen v. State Of West Bengal And ORS.

October 16, 2023 AD 12 Court No.14 SG WPA 24781 of 2023 Pranab Kumar Sen vs.

State of West Bengal and others .

Mr. Supriyo Chattopadhyay Mr. Sudip Kumar Maiti ... for the petitioner Mr. Somnath Ganguly Ms. Priyamvada Singh ... for the State Affidavit of service filed in Court is taken on record. It does not appear that the private respondents could be served with notice.

Report filed by the State is also taken on record. A copy of the same has been handed over to learned advocate for the petitioner.

Learned advocate for the petitioner submits as follows. The petitioner is a 70 years old man. He owns the property in question which includes cultivable land. The private respondents are rank outsiders who had been trying to disturb the peaceful possession of the petitioner in respect of such property. A complaint was made before the police, but no steps were taken.

Learned advocate for the State relies on the report and submits as follows. After a complaint was lodged by the petitioner, an FIR was registered. Charge-sheet was also submitted in this regard. A proceeding has initiated under Section 107 of the Code.

It appears that the police have already taken steps on the complaint of the petitioner by registering an FIR. Charge-sheet has also been submitted and a proceeding has been initiated under Section 107 of the Code. If any of the parties claim any other relief in respect of the said property, the same has to be done before the learned civil court.

Therefore, no further order need be passed.

However, the police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place and see to it that no order of a civil court is violated. With these observations, the writ petition is disposed of.

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

( Jay Sengupta, J.)