Sambhu Bose Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Sambhu Bose Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to pursue demolition-permission grievances before the appropriate authorities; DG Building, K.M.C. to conduct an enquiry into the demolition work; petitioner granted liberty to seek specific remedies before the jurisdictional Civil Court (possession, trespass, encroachment) and to invoke Sections 175/223, B.N.S.S., 2023 before the jurisdictional Criminal Court; copy of the State report kept on record and handed over to learned Advocate for the private respondents.

Issue for consideration

Whether the demolition of the front portion of the building where the petitioner was in possession, and the surrounding circumstances, called for interference by this Court. +1 more

Court's answer

In view of the police authorities having taken steps and the Executive Magistrate having passed appropriate orders at this stage, the Court found no issue calling for its interference; the petitioner was to take steps in accordance with the observations made.

Ratio / Principle

No individual can be dispossessed without due process of law.

Key takeaways

If permission has been sought from the appropriate authorities for the demolition, the petitioner is to approach those authorities and address his grievance there.ratio¶13
The DG Building, K.M.C. is to conduct an enquiry regarding the act and actions of the demolition work being carried out at the premises.ratio¶13
Disputes as to possession are for the Civil Court: the petitioner is to approach the jurisdictional Civil Court for specific remedies in the meantime, and any complaint of trespass or encroachment lies before the Civil Court.

Detailed headnote1 paragraphs

Writ Petition (WPA/26466/2024, disposed 07.11.2024) — Sambhu Bose v. The State of West Bengal & Ors. (Tirthankar Ghosh, J.). The petitioner, in possession of (part of) a building, complained of demolition of its front portion; a State report recorded police intervention and a temporary stoppage of the demolition by the private respondents, and the Executive Magistrate had passed appropriate orders. Holding that no individual can be dispossessed without due process of law, the Court found no issue calling for interference and disposed of the petition with directions: (i) grievances regarding permission for demolition are to be addressed to the appropriate authorities; (ii) the DG Building, K.M.C. to conduct an enquiry into the demolition work at the premises; (iii) issues of possession, trespass or encroachment fall to be pursued before the jurisdictional Civil Court for specific remedies; and (iv) the petitioner may approach the jurisdictional Criminal Court invoking Sections 175/223 of the B.N.S.S., 2023, which Court will enquire and deal with the matter according to law. Copy of the report retained on record and handed to counsel for the private respondents.

07.11.2024 Sl. No. 37 Ct. No. 35 Srimanta

WPA/26466/2024

Sambhu Bose

- Vs.The State of West Bengal & Ors.

Mr. Mani Sankar Chattopadhyay

Mr. Suman Ghosh, Mr. Siddhartha Ghosh Mr. Ujjal Ray, Mr. Ivan Roy, Mr. Nirupam Dutta

…for the petitioner. …for the State.

…for the respondent no. 4.

Affidavit-of-service filed in Court today be kept with the record.

The petitioner is aggrieved by the fact of demolition of the front portion of the building where he was in possession. A report submitted on behalf of the State reflects that the police has intervened and the petitioner admits that for the time being demolition has been stopped by the private respondents.

The learned Advocate for the private respondents appears and submits that they entered into an agreement with the heirs of the deceased who happens to be the owner of the property. So far as the issue relating to possession is concerned, the same is absolutely the domain of the Civil Court.

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However, no individual can be dispossessed without due process of law. If permission has been sought for from the appropriate authorities for demolition, petitioner would approach the appropriate authorities and address his grievance. The DG Building, K.M.C. would conduct an enquiry regarding the act and actions of the work of demolition which is being carried out at the said premises. Petitioner, in the meantime, would approach the jurisdictional Civil Court for specific remedies. In case the petitioner complains that there have been issues relating to trespass or encroachment he should be approach the Civil Court. The petitioner will also be at liberty to approach the jurisdictional Criminal Court by invoking the provisions of Sections 175/223 of the B.N.S.S., 2023. The concerned Criminal Court will enquire and deal with the matter exercising his discretion in accordance with law. In view of the police authorities having taken steps and the executive Magistrate having passed appropriate orders at this stage, I do not find any issue which calls for interference. Petitioner will take steps in accordance with the observations made above.

With the aforesaid observation, WPA 26466 of 2024 is disposed of.

3

A copy of the report so submitted be kept with

the record.

A copy of the report be handed over to the learned Advocate for the private respondents also.

(Tirthankar Ghosh, J.)