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Calcutta High CourtWPA/9140/2020disposed

Triloki Gupta v. State Of West Bengal

2021-03-01Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

AD. 13.

March 1, 2021.

MNS.

W. P. A. 9140 of 2020 (Via video conference) Triloki Gupta Vs.

The State of West Bengal and others Mr. Partha Chakraborty, Mr. Narendra Prsad Gupta ... for the petitioner.

Mr. N. C. Bihani, Mr. Debasish Ghosh ...for the respondent-authorities.

Mr. Ratan Das ...for the respondent nos. 5 and 6.

Affidavit-of-service filed in Court today be taken on record.

The petitioner alleges that the private respondents applied force and, at gunpoint, compelled the petitioner and his wife to execute a transfer deed in favour of the private respondents.

The private respondents dispute and deny such allegation.

It appears from the submissions of both sides that a civil suit is already pending, challenging such document, at the instance of the

landlord of the petitioner, who had executed a power of attorney in favour of the petitioner. As per previous direction, learned counsel appearing for the respondent-authorities files a report in the form of an affidavit, which is taken on record, which clearly indicates the pendency of the civil suit. That apart, it has been mentioned in the report that, upon the complaint of the petitioner, a diary was lodged and the police inquired into the matter, but could not find substance in such allegations of the petitioner. Be that as it may, since a serious apprehension of danger to his life and limb has been expressed by the petitioner, it would be appropriate if the police take prompt action on any future complaint, which the petitioner may make before the police authorities.

Accordingly, W. P. A. 9140 of 2020 is disposed of by directing respondent no. 4 to act immediately in accordance with law and provide adequate protection to the petitioner and his family in the event any future threat by the private respondents is complained of by the petitioner. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the

parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)