Firoza Begum vs The State Of West Bengal & Ors
2021 Latest Caselaw 6299 Cal

13-12-2021
 ct no. 13
  Sl.19
    sp
                            WPA 1976 of 2021
                             Firoza Begum
                              -Versus-
                   The State of West Bengal & Ors.
                       (Via Video Conference)


             Mr. Arif Ali,
             Mr. Swapan Chakraborty,
             Mr. S. Bhattacharjee
                                               ...for the petitioner

             Md. Sayeed Khan
                                ...for the respondent nos. 5 to 14

Despite service of notice, State is not

represented.

The petitioner is aggrieved by the fact that

despite a complaint lodged with the Ekbalpore

Police Station on August 24, 2020 and followed by

a complaint to the Deputy Commissioner of Police,

Head Quarter, Lalbazar on November 23, 2020, no

steps have been taken.

Counsel for the private respondents

submits that they are co-sharers along with the

petitioner of the said property. It is further

submitted that T.S. No. 715 of 2020 being a

partition suit is pending before the learned Civil

Judge (Senior Division), 5th Court at Alipore, filed

by the writ petitioner against the private

respondents.

The petitioner shall, therefore, be entitled to

apply before the learned Civil Judge to seek

appropriate remedies including the restoration of

possession (if proved) during the pendency of the

suit.

The Officer-in-Charge, Ekbalpore Police

Station is, however, directed to ensure that there

is no breach of peace in that area and a regular

vigil shall be maintained there at.

FIR shall be registered in respect of the said

complaint and investigation shall be completed as

expeditiously as possible, preferably within a

period of one month from the date of

communication of a copy of this order.

With the aforesaid observations, the writ

petition is dispose of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties upon

compliance of all formalities.

(Rajasekhar Mantha, J.)