Calcutta High CourtWPA/10251/2020disposed

Sanjay Nath And ORS v. The State Of West Bengal And ORS

2023-01-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.01.2023 Court No.13 Item No.1 AP WPA 10251 of 2020 Sanjay Nath and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Animesh Mukherjee Mr. Md. Ali Ahasan ... For the Petitioners.

Mr. Arka Kumar Nag ... For the State.

SI Nayan Chakraborty, Officer-in-Charge, Baduria Police Station, Basirhat Police District, North 24Parganas is present in Court. A report has been filed by the SI Nayan Chakraborty, Officer-in-Charge, Baduria Police Station, Basirhat Police District.

There has been some communication gap in this regard and hence report could not be filed earlier.

It appears from the report obtained from the local Civil Court that TS No.389 of 2022 is pending between the petitioners and the private respondents. The police have received complaints from the petitioners and diarised the same and proceedings under Section 107 of the Cr.P.C. have been drawn up and there is no breach of peace in the area.

The dispute as regards the theft of bricks by the private respondents appears to be a dispute arising out of the suit and from the brick kiln, which is part of the suit property. The petitioners may obtain appropriate civil relief from the Civil Court.

The police shall enforce any order that may be passed by the Civil Court on them strictly and in accordance with law.

Since, Baduria Police submits that there is otherwise no breach of peace in the area, they shall continue to maintain vigil thereat and ensure that there is no further disturbance at all.

The personal presence of SI Nayan Chakraborty, Officer-in-Charge, Baduria Police Station, Basirhat Police District, North 24-Parganas is dispensed with. With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

The report of the SI Nayan Chakraborty, Officerin-Charge, Baduria Police Station and the extracts from the proceedings in the Civil Court are kept with the record.

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

(Rajasekhar Mantha, J.)