Debojyoti Ghosh and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Debojyoti Ghosh and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Inspector-in-Charge, Ratua Police Station directed to keep a strict vigil over the disputed subject property, ensure no breach of peace and tranquility, and ensure no untoward incident arising from the disputes between the petitioners and private respondent nos. 7 and 8; writ petition disposed of with these observations; no order as to costs; copy of the report to be handed to the petitioners' advocate.

Issue for consideration

Whether the petitioners were denied police assistance to cultivate and enjoy their own property despite complaints lodged against private respondent nos. 7 and 8. +1 more

Ratio / Principle

Directed the Inspector-in-Charge, Ratua Police Station to keep a strict vigil and ensure that there is no breach of peace and tranquility taking place in relation to the disputed subject property referred to in the writ petition.

Key takeaways

Further directed that the police authorities ensure that no untoward incident takes place pursuant to the disputes and differences between the petitioners and the private respondent nos. 7 and 8.ratio¶12
With the aforesaid observations, the writ petition was disposed of; there was no order as to costs, and a copy of the report was to be handed over to the learned advocate for the petitioners.ratio¶13

Detailed headnote1 paragraphs

Writ petition (W.P.A. 5940 of 2024) by Debojyoti Ghosh and another, aggrieved that despite several complaints lodged with the police against private respondent nos. 7 and 8 they were not allowed to cultivate and enjoy their own property, and that the police had not assisted them. The State's report showed preventive proceedings had been drawn up under Section 107 of the Code of Criminal Procedure, but the last enclosed complaint was of 6th November, 2023, more than a year earlier. Observing that the petitioners and respondent nos. 7 and 8 were at loggerheads, Tirthankar Ghosh, J. directed the Inspector-in-Charge, Ratua Police Station to keep a strict vigil and ensure no breach of peace and tranquility in relation to the disputed subject property, and to ensure no untoward incident pursuant to the disputes between the parties. With these observations the writ petition was disposed of; no order as to costs; a copy of the report was to be handed to the petitioners' advocate.

D/L23 13.11.2024 Bpg. ct.no.35

W.P.A.5940 of 2024

Debojyoti Ghosh & Anr. Versus The State of West Bengal & Ors.

Ms. Papiya Chattopadhyay. ...for the petitioners.

Mr. Wasim Ahmed Sk. Md. Masood. …for the State-respondents.

Affidavit-of-service so filed by the petitioners

be kept with the record.

Petitioners are aggrieved by the fact that they are not allowed to cultivate and enjoy the property which belong to them and to that effect, several complaints have been lodged against the private respondent nos.7 and 8 with the police authorities, however, the police authorities till date has not assisted and/or helped the petitioners to enjoy their property.

Learned advocate for the State has submitted a report. Report reflects that the police authorities have drawn up proceedings under Section 107 of the Code of Criminal Procedure.

Last of the complaint which is enclosed along with the report is of 6^th November, 2023. More than one year has passed since then. However, having

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considered that the petitioners and the private respondent nos.7 and 8 are at loggerhead, I direct the Inspector-in-Charge, Ratua Police Station to keep a strict vigil and ensure that there is no breach of peace and tranquility taking place in relation to the subject property referred to in the writ petition which is in dispute. The police authorities would also ensure that no untoward incident takes place pursuant to the disputes and differences between the petitioners and the private respondent nos.7 and 8.

With the aforesaid observations, WPA 5940 of 2024 is disposed of.

There will be no order as to costs.

A copy of the report be handed over to the

learned advocate appearing for the petitioners.

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

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

(Tirthankar Ghosh, J.)