Writ petition concerning disturbance of possession and threats in a property dispute. Police report noted active investigations. Court disposed of writ directing police vigil without further order.
No specific relief granted; petition disposed of. Police directed to keep sharp vigil at the property locale to prevent breach of peace.
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16 29.09.2023
NB Ct. 14
WPA 21258 of 2023
Sukhi Bibi Vs.
The State of West Bengal & Ors.
Mr. Gautam Banerjee, Mr. Sandip Kumar Mondal, Ms. Chumki Das Bairagya, Ms. Riya Das. …for the petitioner.
Mr. Suman Ghosh, Mr. Soumen Chatterjee. …for the State.
Mr. Kiron Sk. …for the respondent nos.5 to 16.
Affidavit of service filed on behalf of the petitioner is taken on record.
Report filed on behalf of the State is also taken on record.
Copy of the same is handed over to the learned counsel for the petitioner.
Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the recorded owner of the property in question. Yet, the private respondents and her other relatives have been disturbed the petitioner’s possession in respect of such property. They have been threatening and intimidating and even assaulting the petitioner. This was brought to the notice of the police authorities, but no steps were taken.
Learned counsel appearing on behalf of the private respondent nos.5 to 16 submits as follows. The allegations made in the writ petition are denied. The private respondents
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are the relatives of the petitioner. There is a dispute regarding inheritance of certain properties. However, the private respondents have never disturbed the petitioner’s possession of the property in question.
Learned counsel appearing on behalf of the State relies on the report and submits that in all there are seven cases and counter cases pending between the private parties. All have ended in charge sheets. However, the State is keeping a close watch on the developments there.
It appears that some kind of dispute regarding inheritance exists between the private parties. However, it is also claimed by the petitioner that she is the recorded owner of the property in question. The private respondents too do not admit of having disturbed the peaceful possession of the petitioner in respect of such property.
The police have also acted on the complaints of the parties.
Therefore, no further order need be passed in this regard.
However, the police authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place.
With these observations, the writ petition is disposed of.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)
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2 issues framed by the court
Whether the petitioner's complaint regarding disturbance of possession and threats warrants further interim relief.
Whether the police are directed to maintain vigil in a property dispute where peaceful possession is alleged.
Sukhi Bibi
The State of West Bengal
Private Respondents 5 to 16
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
