Dismissed

Sukumar Roy and Anr. v. State of West Bengal and Ors.

Calcutta HC13 Jul 2021WPA/10854/2021

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What is this about?

The High Court disposed of a writ petition concerning a pending civil dispute over land title. Instead of inquiring, the bench ordered the local police to maintain peace, ensure no breach occurs, and provide vigilance at the petitioner's expense for seven days.

What did the court decide?

Police directed to maintain peace, provide vigilance, and give protection at petitioner's expense for seven days.

Sukumar Roy and Anr. Vs State of West Bengal… — Civil Procedure and Limitation | Calcutta HC (2021)

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13.07.2021 Ct. No.13 Sl. No.55 pk/akd

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W.P.A. 10854 of 2021 [via video conference]

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[Sukumar Roy & Anr. -Vs- The State of West Bengal & Ors.]

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Mr. Sumit Roy Mr. Sailen Naskar … … for the petitioners

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Mr. Subhabrata Dutta Mr. Debasis Sarkar

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… … for the State

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Learned counsel appearing for the State has obtained instructions. It appears that a complaint was lodged by the petitioners on 11^th April, 2021. G.D. Entry No. 455 dated 11^th April, 2021 was duly recorded by the Hanskhali Police Station. In course of enquiry being conducted, a visit was made to the locale along with the police force on 13^th April, 2021 by the Hanskhali Police Station and the same has been recorded as G.D. Entry No. 544 dated 13^th April, 2021.

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Mr. Laltu Ghosh, the Officer-in-charge, Hanskhali Police Station conducted the investigation. It further appears that proceedings under Section 107 has also been drawn up and the parties have been directed to maintain peace in the area.

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It is submitted by the learned counsel for the petitioners that there is infact a long standing civil dispute as regards the petitioners’ title to the property which is now pending adjudication before the West Bengal Land Reforms and Tenancy Tribunal.

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In that view of the matter, the Officer-in-charge, Hanskhali Police Station is directed to ensure that there is no breach of

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peace in the area. A vigil should be maintained over the said area for the aforesaid purpose.

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Parties may thrash out the civil dispute before the said Tribunal or any other civil forum.

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In the event the writ petitioners seek any protection, the Hanskhali Police Station shall provide the same in accordance with law and at the expense of the writ petitioners. The protection shall not exceed a period of seven days at any point of time.

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With the aforesaid directions, the writ petition is disposed

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of.

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There shall be no order as to costs.

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All parties are to act on a server copy of this order duly downloaded from the official website of this court.

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(Rajasekhar Mantha, J.)

Sukumar Roy and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

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Sukumar Roy and Anr. v. State of West Bengal and Ors.

Case brief

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What did the court decide?

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