Namita Mondal And ANR. v. State Of West Bengal And ORS.

1290 10.05.2024 NB Ct. 14 WPA 28820 of 2023 Namita Mondal & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Navanil De, Mr. Neil Basu, Mr. Subhrajit Dey, Mr. Sankho Biswas.

...for the petitioners.

Mr. Suddhadev Adak.

...for the State.

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

Despite service, no one appears on behalf of the private respondents.

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

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.2 is the son of the petitioner no.1. After the death of the petitioner no.1's husband, the private respondents had been disturbing the possession and enjoyment of their property. They have been threatening and intimidating and even assaulting at times the petitioners and pressurising them to withdraw the criminal and civil cases pending between the private parties. At the present, it is difficult for the petitioners to even stay at their own residence. Learned counsel appearing on behalf of the State relies on the report and submits as follows. There are pending cases

against the private parties. However, on the complaint of either side, proceedings have been initiated under Section 107 of the Code. The police are keeping a close watch on the developments in the locality.

It appears that some disputes are pending between the private parties since long. Criminal cases are also pending. However, if there is an apprehension in the mind of the petitioners that after the demise of the petitioner no.1's husband, some miscreants are threatening and they are in fear to even stay at their own property, they shall be at liberty to approach the police officers for necessary help, especially in the event any untoward incident occurs or is apprehended. The police authorities shall also keep a sharp vigil at the locale, ensure that no breach of peace takes place and that no harm ensues to the petitioners. Surveillance shall include frequent visits by police patrol.

With these observations, the writ petition is disposed of. Parties shall act on a server copy downloaded from the official website of this Court.

(Jay Sengupta, J.)