Mina Banerjee And ANR. v. The State Of West Bengal And ORS.

Sl.No.

16.12.2024 WPA 28678 of 2024 Court No. 35 G.S.Das Smt. Mina Banerjee & Anr.

-VsThe State of West Bengal & Ors.

Mr. Pradip Kumar Majumdar Mr. Birendra Nath Manna ... for the petitioner(s) Mr. Ashim Kr. Ganguly Mr. Bellal Shaikh ... for the State - respondent (s) Mr. Tanmay Chowdhury Ms. Ritoprita Ghosh ... for the respondent no. 9 Affidavit of service so filed be kept with the record.

Learned advocate for the petitioner submits that because of encroachment for creation of a road, instead of 3ft., 7ft.

concrete road has been constructed.

The complainant submits that when she inspected the same, she was abused as well as assaulted.

To that effect, an information was

submitted, pursuant to which, the police authorities registered a case. In spite of that, the private respondents are threatening the petitioner no.1 and her family members.

A report has been submitted by the learned advocate for the State, which reflects that the police authorities have registered a case being Chanditala P.S.

Case No. 821 of 2024 dated 18.10.2024.

The investigating agency in course of investigation has tried to collect the medical documents and requested the petitioner no.1 to furnish the same. But, till date, the investigating agency could not lay its hand on any medical document(s).

Be that as it may, the investigation of the case is still in progress.

Learned advocate for the private

respondents submits that they have surrendered before the learned Court and have been granted bail.

Learned advocate for the petitioner submits that a substantial part of the petitioner's property is attempted to be encroached.

The petitioner will approach the learned jurisdictional Civil Court with her grievance(s).

It is for the learned jurisdictional Civil Court to decide in accordance with law regarding the issue relating to encroachment.

So far as the issue relating to investigation is concerned, the same should be taken to its logical conclusion within a reasonable period of time.

The police authorities, in the meantime, will ensure that no breach of peace and tranquility takes place as also

no untoward incident results because of the inimical relationship existing between the private respondents and the petitioner.

With the aforesaid observations, WPA 28678 of 2024 is disposed of.

Report so submitted be kept with the record. Let a copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)