Sri Sabitabrata Das @ Sabitabrata Das v. State Of West Bengal & ORS

18.07.2024 W.P.A. 23629 of 2019 Item No.35 Ct. No.35 dc.

Sri Sabitabrata Das @ Sabitabrata Das versus The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee, Mr. Saptarshi Chakraborty ... For the Petitioner.

Mr. Susovan Sengupta, Mr. Subir Pal ... For the State.

Mr. Shibendra Nath Chattopadhyay ... For the Respondent Nos. 4 & 5.

Report dated 18.07.2024 submitted by Officer-in-Charge, Baranagar Police Station through the learned advocate for the State be kept with the record.

The said report reflects that no contact could be established with the petitioner, but the admitted position is that first floor of the premises being 12/1/5, Mondal Para Lane, P.S. Baranagar, Kolkata-90 is occupied by the petitioner while the ground floor of the premises is being used by the respondent nos. 4 and 5.

The main thrust of submission of the learned advocate for the petitioner is that in his own house, the petitioner is unable to use the passage which has been locked and as such, he cannot go to the first floor of the premises.

If the petitioner at the time of entrance at the first floor is obstructed and approaches the police authorities of Baranagar Police Station, the

concerned police station would render assistance to the present petitioner. However, this should not be a ploy to dispossess the respondent nos. 4 and 5 from the ground floor.

With the aforesaid observations, WPA 23629 of 2019 is disposed of.

Pending connected application, if any, is consequently 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.)