Aloke Kumar Naiya @ Baidya And ANR v. State Of West Bengal And ORS.

14.06.2024 Ct. No. 14 Sl. No.81 (M.L.) KB In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 27603 of 2023 Aloke Kumar Naiya @ Baidya & Anr.

Versus

The State of West Bengal & Ors.

Mr. Md. Zeeshanuz Zaman ... For the petitioners.

Mr. Ashim Kumar Ganguly Mrs. Sukla Das Chandra ... For the State.

The grievance of the petitioners is that the police was not taking any steps in response to the complaint lodged by them.

The petitioners, for the protection of their property, filed a Civil Suit being Title Suit No. 125 of 2024 before the Learned Civil Judge (Junior Division), 3rd Court, Baruipur, South 24-Parganas wherein order was passed on 23rd February, 2024 directing the parties to maintain status quo in respect of the nature, character and possession of the scheduled property. The petitioners submit that despite the order of status quo being passed, the private respondents are

regularly trespassing into their property and trying to damage the same.

Learned advocate representing the State respondents relies upon a report forwarded by the Inspector-in-Charge, Joynagar Police Station signed on 13th December, 2023 under Sections 447/323/506/34 I.P.C. Investigation of the case is under progress. As it appears that the police has already registered FIR and the report of the police mentions that the complaint is under investigation, accordingly, the police is directed to continue the investigation in the right earnest and reach the same to its logical conclusion at the earliest.

The police is directed to keep strict vigil over the property and ensure that no damage is caused to the property in any manner whatsoever.

The writ petition stands disposed of.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)