Champa Chakraborty (Sikari) and Anr. v. State of West Bengal and Ors.

Calcutta HC18 Nov 2024WPA/364/2024

Case brief

AI extract

What is this about?

Champa Chakraborty (Sikari) v. State of West Bengal; W.P.A. 364 of 2024; Calcutta High Court; Tirthankar Ghosh, J.; 18.11.2024; writ disposed; attempted dispossession from own property by private respondents; dispute arising out of title and possession; liberty to approach jurisdictional civil and criminal court; police directed to prevent breach of peace regarding subject property; report under section 107/116 Cr.P.C. dated 22.08.2023.

What did the court decide?

W.P.A. 364 of 2024 disposed of with liberty to the petitioners to approach the jurisdictional civil and criminal court for appropriate reliefs; police authorities to prevent any breach of peace regarding the subject property; State's report kept on record with a copy handed to the petitioners' advocate. ¶¶15

Champa Chakraborty (Sikari) and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶15

Issue for consideration

Whether the writ petition is maintainable/appropriate where the petitioners allege they are being attempted to be thrown away from their own property at the behest of the private respondents, the dispute arising out of title and possession. +1 more

¶¶9

Court's answer

The writ petition is disposed of with liberty granted to the petitioners to approach the jurisdictional civil and criminal court for appropriate reliefs, the Court having considered that the allegations against the private respondents arise out of title and possession in respect of a property.

¶¶12

Ratio / Principle

The police authorities are to ensure that no breach of the peace and/or tranquility takes place and no untoward incident stems out in respect of the dispute relating to the subject property referred to in the writ petition.

¶¶14

Key takeaways

The report submitted by the State is to be kept with the record, and a copy of the report is to be handed over to the learned advocate appearing for the petitioners.ratio¶¶16

Detailed headnote1 paragraphs

Writ petition (W.P.A. 364 of 2024) by Champa Chakraborty (Sikari) & Anr. against the State of West Bengal & Ors., complaining of an attempt to throw them out of their own property at the behest of the private respondents, disposed of by Tirthankar Ghosh, J. on 18.11.2024. Noting the State's report on steps taken under section 107/116 of the Cr.P.C. on or about 22.08.2023, and considering that the allegations against the private respondents arose out of title and possession in respect of a property, the Court granted the petitioners liberty to approach the jurisdictional civil and criminal courts for appropriate reliefs. In the meantime, the police authorities were to see that no breach of the peace and/or tranquility occurs and no untoward incident stems out in respect of the dispute relating to the subject property. The report was ordered to be kept on record with a copy to the petitioners' advocate.

Champa Chakraborty (Sikari) and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Champa Chakraborty (Sikari) and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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