Debasis Koley and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Debasis Koley and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition WPA 1310 of 2024 disposed of with directions: (i) Officer-in-Charge, Rajapur Police Station to ensure the petitioners are not subjected to threat, abuse or harassment at the behest of the private respondents; (ii) petitioners free to seek adjudication of right, title, interest and legality of construction before the jurisdictional Civil Court; (iii) liberty to invoke Section 175(3) BNSS before the jurisdictional Magistrate if police fail to act. Police report kept on record and a copy handed to the petitioners' counsel; affidavit of service kept with the record; no order as to costs.

Issue for consideration

Whether the petitioners' property has been encroached upon at the behest of the private respondents and whether the construction on their land is lawful, i.e. where the question of right, title and interest and legality of construction should be resolved. +1 more

Court's answer

On the question of right, title and interest and the legality/illegality of the construction on the petitioners' land, the writ petition forum is not entertained; the petitioners are at liberty to approach the jurisdictional Civil Court.

Ratio / Principle

In view of the petitioners' complaints of threat, abuse and harassment going unaddressed, the Officer-in-Charge of Rajapur Police Station is directed to ensure that the petitioners are not subjected to any threat, abuse or harassment at the behest of the private respondents.

Key takeaways

If, despite their complaint, the police authorities continue not to act, the petitioners are at liberty to invoke Section 175(3) BNSS before the jurisdictional Magistrate.ratio¶13

Detailed headnote1 paragraphs

WPA 1310 of 2024 (Debasis Koley & Ors. v. The State of West Bengal & Ors.), decided 12.11.2024 (Tirthankar Ghosh, J.) — DISPOSED OF. Petitioners alleged encroachment of their property at the behest of private respondents and threats to life. Holding: (i) questions of right, title and interest and the legality/illegality of construction on the petitioners' land fall outside the writ forum — petitioners may approach the jurisdictional Civil Court; (ii) the Officer-in-Charge, Rajapur Police Station, Howrah (R) is to ensure the petitioners are not subjected to any threat, abuse or harassment at the behest of the private respondents, in light of police inaction on their complaints; (iii) petitioners may invoke Section 175(3) BNSS before the jurisdictional Magistrate if the police continue not to act. Report of the Officer-in-Charge kept on record with a copy handed to the petitioners' counsel; no costs.

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D/L 57 12.11.2024 Rohit/Aritra ct.no.35

WPA 1310 of 2024 Debasis Koley & Ors Versus

The State of West Bengal & Ors.

Mr. Tapan Kumar Rakshit, Mr. Surajit Roy …for the petitioners Mr. Ansar Mondal, Ld. AGP Mr. Md. Idrish ….for the State

Affidavit of service filed in Court today is kept

with the record.

Petitioner is aggrieved firstly regarding their property being encroached at the behest of the private respondent and also their life being at stake because of the private respondents.

Learned advocate for the State has submitted a report prepared by the Officer-in-Charge, Rajapur Police Station, Howrah (R). So far as the right, title and interest is concerned and the legality and illegality of the construction at the land of the petitioner, petitioner would be at liberty to approach the jurisdictional Civil Court.

So far as the issue being relating to threat, abuse, harassment they have complained before the police authorities and they are aggrieved by the fact

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that no steps have been taken, the Officer-in-Charge of Rajapur Police Station will ensure that at the behest of the private respondents the present petitioners are not subjected to any threat, abuse, harassment.

Petitioner would be at liberty to invoke the provisions of Section 175 (3) of BNSS of the Jurisdictional Magistrate, in case they find that in spite of the complaint, the police authorities are not acting.

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing on behalf of the petitioner.

With the aforesaid observations, the writ petition being WPA 1310 of 2024 is disposed of.

There shall be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)