Seikh Mousumi @ Sk.Mousumi v. State Of West Bengal And ORS.

21.06.2024 Ct. No. 14 Sl. No.21 KB In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 27699 of 2023 Seikh Mousumi @ Sk. Mousumi Vs.

The State of West Bengal & Ors.

with WPA 10304 of 2024 Sk. Mousumi Vs.

The State of West Bengal & Ors.

Mr. Krishnendu Bhattacharyya Mr. Priyankar Ganguly Ms. Shalini Bairagi Ms. Neelanjana Ghaarai ... For the petitioner in WPA 27699 of 2023.

Mr. C. Pal Mr. A. Dutta Ms. C. Mukherjee .... For the petitioner in WPA 10304 of 2024.

Mr. Suman Sengupta Mr. Dwaipayan Basu Mallick Mr. Sanatan Panja ... For the State in WPA 27699 of 2023.

Mr. Amal Kumar Sen, Ld. A.G.P.

Mr. Suman Sengupta Mr. Lal Mohan Basu ... For the State in WPA 10304 of 2024.

Mr. Sabyasachi Chatterjee Mr. Sandipan Das Mr. Dipankar Das ... For the private respondent in WPA 27699 of 2023.

Md. Shakir ... For the private respondent in

WPA 10304 of 2024.

Mr. Barin Banerjee Ms. Manisha Nath ... For Kolkata Corporation In WPA 10304 of 2024.

Affidavit of Service filed in Court today is taken on record.

The petitioner complained against an unauthorised construction made at the behest of the private respondents which lead to the Kolkata Municipal Corporation taking steps against the unauthorised construction and ultimately passing an order for demolition of the unauthorised construction. The petitioner alleges that on retaliation the private respondents have mercilessly beaten up the petitioner and stole the gold chain from his neck. The petitioner had to be administered medical treatment. Further allegation is that the persons who committed the offence obtained order of anticipatory bail from the learned court below upon suppression of material facts.

Prayer has been made for transferring the investigation to a separate agency.

Learned advocate representing the private respondents denies the allegation of the petitioner. Learned advocate representing the Corporation relies upon the report signed by the engineers on 20th

June, 2024 which admits that unauthorised construction took place and order of demolition was passed. Part demolition already took place and the next date of demolition is scheduled on 27th June, 2024. Learned advocate representing the State respondents submits that the complaint lodged by the petitioner was duly investigated and a charge sheet has already been filed before the learned Trial Court. Upon hearing the parties as it appears that the learned Trial Court is in seisin of the matter, accordingly, it will be open for the petitioner to raise all grievances before the said Court and make all prayers therein. The Learned Trial Court shall consider on merits the prayer, if any, made by the petitioner. The Officer-in-Charge, Amherst Street Police Station is directed to ensure that no harm is caused to the life and property of the petitioner in any manner whatsoever.

In the event, the petitioner faces any threat in the hands of the private respondents, it will be open for the petitioner to approach the Officer-in-Charge for necessary relief.

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.)