Anjali Mondal v. State Of West Bengal And ORS.

280 03.01.2024 NB Ct. 14 WPA 26100 of 2023 Anjali Mondal Vs.

The State of West Bengal & Ors.

Mr. Ashim Ghoshal, Ms. Debopriya Mitra.

..for the petitioner.

Mr. Amitesh Banerjee ld. SSC, Ms. Ipsita Banerjee.

...for the State.

Mr. Sombhu Nath Sardar.

...for the respondent nos.4&5.

Affidavit of service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. By an order dated 10.10.2023 passed by this Court in WPA 21990 of 2023, it was directed that no padlock could be put at the gate of the main entrance at the exclusion of the other users of the building/property. This direction has been consistently violated by the private respondents who have put padlock on the main entrance at the exclusion of the petitioner. In the meantime, the petitioner's ailing husband passed away. As the Shradh is to take place on 05.01.2024, the petitioner apprehends that even on that day the private respondents would put a padlock so that the premises could not be used.

Learned counsel appearing on behalf of the private respondents submits as follows. The allegations made in the writ petition are denied. The private respondents are not violating the order passed by this Court. No padlock has been or will be put at the gate of the main entrance of the building at the exclusion of the other users like the petitioner. Learned senior standing counsel representing the State relies on the report and submits as follows. The police authorities have kept a close watch on the developments in the locality. It was found that no padlock was there on the main entrance of the building.

It appears that the order passed by this Court on 10.10.2023 in WPA 21990 of 2023 has not been challenged by any of the parties.

Let the parties abide by the directions given in the said order.

Fortunately, the private respondents have submitted that they have not and will not put any padlock on the main entrance of the building at the exclusion of the other users like the present petitioner.

Let the police authorities keep a sharp vigil at the locale, ensure that the order passed earlier by this Court is not violated and maintain peace.

Particularly on 05.01.2024, i.e., the date of Shradh of the petitioner's husband, the Officer-in-Charge of Sonarpur Police Station shall depute police personnel to visit the locale frequently to ensure this. The surveillance shall take the form of police patrols at regular intervals. On that day it shall be

ensured that no padlock is put at the gate of the main entrance of the building at the premises.

In the event any untoward incident occurs or is apprehended by the petitioner, she shall be at liberty to call up the Officer-in-Charge of the local police station who shall then act in accordance with law.

With these observations, the writ petition is disposed of. Since affidavits were not called for, allegations contained in the writ petition are deemed not to have been admitted. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)