Sk. Kasem Ali @ Sk. Abdul Kasem v. State Of West Bengal

Daily List 8.

Bpg.

December 21, In the High Court at Calcutta Constitutional Writ Jurisdiction (Via Video Conference) W.P.A. No.8127 of 2020 Sk. Kasem Ali @ Sk. Abdul Kasem and others

Versus

The State of West Bengal and others Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishek Bose.

...for the petitioners.

Mr. Srijib Chakraborty.

...for the State.

On consent, this matter is taken up for hearing, although the same is appearing in the list under the heading 'To be mentioned'.

The petitioners obtained an order of preemption and had the same implemented.

Subsequently, the petitioners' cultivation of the property-in-question is allegedly being disturbed by some miscreants. The grievance of the petitioners is that the police authorities are not taking any steps regarding such disturbance.

Learned counsel for the respondentauthorities rightly points out that no specific

complaint was lodged with the police, apart from a general communication of the developments.

Annexure P/3 at page 21 of the writ petition shows that the petitioners made a representation before the police authorities alleging that the private respondent has been threatening the petitioners. However, such allegation could at best be registered as a general diary entry. In view of the apprehension of the petitioners as regards the threats allegedly being issued by the private respondent, it would be appropriate if the police take preventive measures in the event the petitioners approach the police authorities with specific instances of such acts of the private respondent.

Although the petitioners and the respondentauthorities are represented, none appears for the private respondent despite service.

Affidavit-of-service filed in Court today be kept with the record.

WPA No. 8127 of 2020 is disposed of by directing the respondent no.3 to provide police protection to the petitioners in the event the petitioners make specific allegations as regards disturbance of the petitioners' cultivation by the private respondent or any other miscreants. The respondent no.3 shall further takes steps for investigation in the matter on such specific complaint

being lodged, if necessary by registering a First Information Report on the basis of such complaint. There will be no order as to costs.

Urgent website certified copies of this order, if applied for, be given to the parties upon compliance of all formalities.

(Sabyasachi Bhattacharyya, J.)