North Bengal Central School v. The State Of West Bengal And ORS

12.06.2024 Sl. No.72(DL) srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE W.P.A. No. 1038 of 2024 North Bengal Central School

Versus

The State of West Bengal & Ors.

Ms. Srishti Sarkar ...for the Petitioner.

Mr. Pretom Das, Ms. Rima Sarkar ...for the State-respondents.

1. Affidavit of service is taken on record.

2. The writ petition has been filed challenging inaction on the part of the police authorities.

3. It is the contention of the petitioner that the school was recognised as a secondary school. It was running on the land in respect of which a 'no objection' had been given by the Simulbari Tea Estate Company Pvt. Ltd. The Simulbari Tea Company is the lessee in respect of the said land and the land is within the area of the tea estate itself.

4. There was some internal dispute with regard to the land in question and it is contended that the respondent Nos.7

and 8 have been disturbing the day to day functioning of the school.

5. The dispute with regard to the land and/or possession arising out of any lease or permission granted by the Simulbari Tea Estate Company Pvt. Ltd. are civil in nature and to be adjudicated by an appropriate forum. However, as the school imparts education to several students, especially those of the tea workers and surrounding locality, the police authorities shall ensure that there is no law and order problem in and around the school and the students are in a position to attend the school peacefully without any disturbance.

6. The writ petition is, thus, disposed of.

7. There shall be no order as to costs.

8. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)