Lutfar Sekh v. State Of West Bengal And ORS.

15.01.2025 W.P.A. 30223 of 2024 Item No.26 Ct. No.35 dc.

Lutfar Sekh versus State of West Bengal & Ors.

Mr. Chandan Misra, Mr. Debabrata Majumder ... For the Petitioner. Mr. Vimal Kumar Shahi, AGP Ms. Pratiti Das ... For the State.

The petitioner is aggrieved by the fact that the private respondents are resisting the petitioner from constructing his boundary wall. To that effect, information has been sent to the police authorities, but the police authorities did not render any assistance for which the petitioner is unable to construct such boundary wall.

As none appears on behalf of the State, Mr. Vimal Kumar Shahi, learned AGP along with a junior of his choice is directed to represent the State. Their appointment may be regularised by the concerned authorities.

In view of the nature of the accusations made, if the petitioner is being resisted from constructing the boundary wall, the petitioner is directed to approach before the jurisdictional civil court for necessary orders. If any order is passed by the jurisdictional civil court upon the police authorities, the police authorities would respect and obey such order for implementation of the directions of the civil court.

In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace takes place and/or any untoward incident results because of the strained relationship between the petitioner and the private respondents. With the aforesaid observations, the writ petition being WPA 30223 of 2024 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)