Sourav Ghosh v. State of West Bengal and Ors.
Case brief
What is this about?
Shop-room possession dispute: petitioner Sourav Ghosh alleged the private respondent kept disturbing his peaceful possession and obstructing his business despite a restraint order dated 29.11.2023 passed by the learned trial Court in T.S. No. 1862 of 2023; his police complaint was not considered; the State reported an enquiry found no cognizable offence; the report showed the shop room is owned by the private respondent, on whom a notice under Section 401 of the KMC Act was issued for unauthorised construction in place of a covered parking space. The writ was disposed with liberty to the petitioner to ventilate his grievance before the trial Court, interim police directions for strict vigil, peace, tranquility and assistance, and no order as to costs. Keywords: WPA 28949 of 2023; Sourav Ghosh; State of West Bengal; private respondent; peaceful possession; police protection; Section 401 KMC Act; unauthorised construction; covered parking space; trial Court seisin.