Swapan Pramanick v. State Of West Bengal And ORS.

13.11.2024 W.P.A. 26146 of 2024 Item No.8 Ct. No.35 dc.

Swapan Pramanick versus The State of West Bengal & Ors.

Mr. Tapan Datta Gupta, Mr. Parvej Anam, Ms. Puspa Rani Jaiswara ... For the Petitioner.

Mr. Asish Kumar Guha, Mr. Rajendra Chaturvedi ... For the State.

Ms. Rituparna Saha, Mr. Subhajyoti Misra, Mr. Indranuj Dutta ... For the Respondent Nos. 4, 5 and 6.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the fact that a portion of land which he purchased in the year 2023, the private respondents are forcefully trying to use the said land as passage. To that effect, the petitioner has lodged information with the Inspector-in-Charge, Narendrapur Police Station. However, the police authorities did not respond to such information being furnished. The petitioner alleges that ingress and egress of the petitioner is being obstructed.

Learned advocate appearing for the private respondent nos. 4, 5 and 6 submits that the accusations are denied as the respondents have

never disturbed, harassed or anyway encroached the property of the present petitioner.

A report has been submitted on behalf of the State which reflects that the police authorities have kept a strict vigil. If the petitioner is of the opinion that his property is being encroached, then the petitioner would be at liberty to approach the jurisdictional civil court for appropriate remedies and orders.

In case any order is passed by the civil court for police assistance for implementation of the civil court's order, I direct that the police authorities would respect and obey the order so passed by the civil court. For the time being, it is directed that the police authorities would ensure law and order and see that no untoward incident takes place out of the dispute and difference between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 26146 of 2024 is disposed of. There shall be no order as to costs.

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

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

(Tirthankar Ghosh, J.)