Petitioner, a trade licensee, filed a writ petition after respondents forcefully entered and ransacked his bakery shop. The Court directed the State to investigate and submit a final report under Section 173 Cr.P.C. regarding the incident.
State directed to effectively conduct investigation and submit a report under Section 173 Cr.P.C.
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Sl.No. 72 21.11.2024 Court No. 35 G.S.Das
WPA 12238 of 2023
Shahanara Begum -Vs-
The State of West Bengal & Ors.
Mr. Rafikul Islam Sardar
… for the petitioner
Mr. Amitesh Banerjee, ld. Sr. St. Counsel Mr. Tarak Karan
… for the State-respondent(s)
The petitioner is aggrieved by the
fact that he is a tenant of the father of
the respondent nos. 4 and 5 and was granted trade licence by the Howrah Municipal Corporation and have been
paying the corporation taxes since 2011.
Yet, the private respondents
forcefully broke open his shop where he runs the backery, removed the machineries
and articles from the backery and, in spite of informing the police authorities, no steps were taken.
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Learned advocate for the State
has submitted a report which reflects that State has already registered a case being Golabari P.S.Case No. 161 of 2023.
State is directed to effectively
conduct the investigation and submit a report under Section 173 Cr.P.C. before the learned jurisdictional court, if already
the same has not been submitted.
The petitioner’s further grievance is
in respect of the fact that in spite of paying the rent, he is unable to enter the shop room.
So far as the issue relating to
possession is concerned and, subsequently, ousting of the petitioner is concerned, the petitioner would approach the jurisdictional
Civil Court and, if the jurisdictional Civil Court passes appropriate order(s) including the orders of police assistance, in such circumstances the police authorities of the
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concerned police station would take
effective steps by respecting, obeying and implementing the order passed by the learned Civil Court.
With the aforesaid observations,
WPA 12238 of 2023 is disposed of.
Affidavit of service so filed be
kept with the record.
Report so submitted be also kept
with the record.
Parties to act on a server copy
of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
(Tirthankar Ghosh, J.)
2 issues framed by the court
Whether the State should conduct further investigation into the forceful entry and removal of shop assets.
Whether the police are obligated to execute orders regarding possession of the shop premises in the absence of a Civil Court order.
1 provisions across 1 enactments
Shahanara Begum
The State of West Bengal & Ors.
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
