Disposed¶15

Behula Dhara and Anr. v. the State of West Bengal and Ors.

Calcutta HC25 Sept 2024WPA/21786/2024

Case brief

AI extract

What is this about?

Police inaction complaint; petitioners of 'Duley' Scheduled Caste category; nuisance and threats by private respondents over petitioners' property; foreign liquor shop adjacent to petitioners' property; prosecution vide Gurap PS NCR No. 1097 dated 16.08.2024 under Section 126/135(3) BNSS; pending Title Suit No. 629 of 2023, Civil Judge (Jr. Division), Hooghly at Chinsurah; direction to Officer-in-charge, Gurap Police Station to prevent breach of peace and tranquility; writ petition disposed of, no costs.

What did the court decide?

Direction upon the Officer-in-charge, Gurap Police Station (7th Respondent) to ensure no breach of peace and tranquility at the locale; writ petition disposed of with no order as to costs. ¶15

Behula Dhara and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

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25.09.2024 Sl. No. 65 g.b. Court No.07

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W.P.A. 21786 of 2024

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-Vs-

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Mr. Uday Sankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty …..For the Petitioners Mr. Suman Sengupta Mr. Gourav Das

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…..For the State

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Affidavit of service filed in court today is taken on record.

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The petitioners allege that the police authorities have not taken any step pursuant to the complaint lodged by the petitioners vide letter dated 9^th August, 2024. The petitioners claim to belong to ‘Duley’ category of Scheduled Caste community. The petitioners allege that the private respondents herein are creating nuisance over the property of the petitioners and they are disturbing the petitioners and also threatening the petitioners of dire consequences, in the event the petitioners do not sell their property to the private respondents.

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The complaint further states that the private respondents are running a foreign liquor shop, which is adjacent to the property of the petitioners.

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Mr. Sengupta, learned advocate appearing for the State files a report of the Officer-in-charge of Gurap Police Station dated 11^th September, 2024 wherein it has been stated that a suit being Title Suit No. 629 of 2023 is pending before the learned Civil Judge (Jr. Division), Hooghly at Chinsurah between the private parties. The said report further states that pursuant to the complaint

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lodged by the petitioners, the police authorities has submitted a prosecution against the private respondents Vide Gurap PS NCR No. 1097 dated 16.08.2024 under Section 126/135(3) BNSS.

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It appears that the police authority have taken steps pursuant to the complaint lodged by the petitioners.

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The learned advocate for the petitioners would contend that the private respondents are creating disturbance at the locale.

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In view thereof, there shall be a direction upon the Officer-in-charge, Gurap Police Station being the 7^th Respondent to see that no breach of peace and tranquility takes place at the locale.

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The writ petition stands disposed of.

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There shall be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties after completion of all necessary formalities.

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(Hiranmay Bhattacharyya, J.)

Behula Dhara and Anr. v. the State of West Bengal and Ors.

Case brief

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Behula Dhara and Anr. v. the State of West Bengal and Ors.

Case brief

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