Saiful Sk v. State Of West Bengal

(16) 16.10.2020 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION (Via Video Conference) WPA 7322 of 2020 (IA No. CAN 1/2020) Saiful Sekh and others -versus- The State of West Bengal & ors.

Mr. Md. Giasuddin Molla, Mr. Tapas Kr. Dey, ... for the petitioners.

Mr. Santanu Mitra, Mr. Debasish Chattopadhyay ... for the State respondents.

Mr. Suman Saha, ... for respondent nos. 8 to 15.

The dispute between the petitioners and the private respondents is over a pathway.

Learned counsel for the State files a report of the Officer-in-Charge, Jibantala Police Station, South-24 Parganas, which is kept on record.

The petitioners are complaining that the private respondents are causing disturbance in enjoyment of their property but the police authorities are totally inert on the complaint of the petitioners.

The dispute sought to be canvassed in the present writ petition is completely of private nature and the Constitutional Writ Jurisdiction is not the appropriate forum to deal with such a dispute.

WPA 7322 of 2020 is thus disposed of with the above observations.

The connected urgency application being CAN 1 of 2020 is also disposed of accordingly.

Affidavit-in-opposition since has not been invited, all the allegations made in the writ petition are deemed to have been denied by the respondents.

There shall be no order as to costs.

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

(Biswajit Basu, J.)