Subhas Halder v. The Secretary (Home) And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/1020/2023 Subash Halder ... Petitioner Vs.

The Secretary (Home) and Ors.

... Respondents Mr. M.K. Thakur ...for the Petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondents December 12, 2023 (M.A.Mobin) Item No.11 The petitioner has preferred the present Writ application on the ground that the Superintendent of Police, South Andaman, has not acted upon his complaint filed on 28.3.2023.

Heard the learned Counsel for the petitioner and the respondents.

It is the contention of the petitioner that when he was out of his village for two months one Swapan Sarkar (not made a party in this case) allegedly entered into his land and constructed a semi RCC building and was running a poultry farm. The petitioner has further alleged that the said Swapan Sarkar is a Bangladeshi national. Considering the fact that the dispute relates to land, the Civil Courts are open to the petitioner for necessary relief in respect of his prayer (if any).

Considering the grievance of the petitioner that the Superintendent of Police is not acting on his complaint regarding the illegal activities of the said Swapan Sarkar the petitioner can avail of the specific provision provided under the Code of Criminal Procedure and approach the appropriate forum for the relief as prayed for. On the said observations the Writ Petition is accordingly disposed of. [Shampa Dutt (Paul), J.]