Tapan Giri v. State Of West Bengal And ORS.

08.12.2022.

Item No. 18.

Court No.13 ap W.P.A. No. 26921 of 2022 Sri Tapan Giri

Versus

The State of West Bengal & Ors.

Mr. Sridhar Chandra Bagari.

...For the Petitioner.

Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag.

...For the State.

The petitioner is aggrieved by the fact that pursuant to an order under Section 147 of the Code of Criminal Procedure at the instance of the respondent nos.13, 14 and 15, portions of his land have been ransacked, trees cut and barricades destroyed. Counsel for the State submits that the petitioner's plot is located at an important intersection where the VIP route to the Ganga Sagar Mela originates.

This Court is of the view that since the petitioner has suffered losses as is claimed, as a consequence of proceedings taken out by the private respondents, he may take out appropriate civil proceedings against the private respondents, inter alia, for damages. In so far as the connivance or participation of the police in the act of destruction of trees in the property, the petitioner may formally complain to the Superintendent of Police, South 24 Parganas,

Sundarban Police District, who shall look into the allegations and take appropriate steps. The petitioner or his representative may be heard in person by the S.P.

The petitioner may produce all necessary evidences including the Video Recordings before the Superintendent of Police, South 24 Parganas, Sundarban Police District.

The aforesaid proceedings shall not prevent the petitioner from applying for further compensation for user of his land for Ganga Sagar Mela.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

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

(Rajasekhar Mantha, J.)