Rabindranath Kundu vs The State Of West Bengal & Ors
2023 Latest Caselaw 2330 Cal

Item No.5


            IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                       CIVIL APPELLATE JURISDICTION
                              APPELLATE SIDE
                             HEARD ON: 05.04.2023

                          DELIVERED ON: 05.04.2023

                             CORAM:
        THE HON'BLE ACTING CHIEF JUSTICE T. S. SIVAGNANAM
                               AND
          THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

                            FMA 157 OF 2022
                                     WITH
                            I.A. NO.CAN 1 OF 2022

                            Rabindranath Kundu.
                                     Vs.
                       The State of West Bengal & Ors.


Appearance:-

Mr. Purnasis Bhuniya                     ....          for the appellant.

Mr. Ansar Mandal,
Ms. Srilekha Bhattacharya                            ...    for the State.

Mr. Uttam Kr. Bhattacharyya,
Mr. Kaustav Mishra         ...            for the respondent nos.7 to 10.


                                 JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, ACJ.)

1. Being dissatisfied with the order and direction dated 4 th

August, 2021 issued in the writ petition, the appellant/writ

petitioner has filed the present appeal. The petitioner

sought for the prayer in the writ petition to issue a writ of

mandamus to direct the officer-in-charge of Mohanpur Police

Station to take steps based on the complaint made by the

petitioner on 13th March, 2020 and 7th July, 2020 and to direct

the said police to ensure that nobody threatens the petitioner

so that he can peacefully enter into the village at Padima

under Police Station - Mohanpur and carry on his daily

functions.

2. The learned Single Bench had disposed of the writ

petition by observing that if the petitioner lodges a

complaint with the local police, no doubt, the local police

station will take appropriate steps with regard thereto.

3. The petitioner would submit that the learned Writ Court

ought to have issued a positive direction to the respondents /

police to investigate into the matter based on his complaint.

The petitioner alleges that he is not able to enter into the

village. However, the learned Advocate appearing for the

private respondents submits that the petitioner is daily

entering into the village and he is using the hut, which he

put up in the village.

4. These disputed questions of fact cannot be gone into in a

writ petition. From the annexures to the supplementary

affidavit, we find that there are two representations dated

13th March, 2020 and 7th July, 2020 given by the petitioner to

the Superintendent of Police, Paschim Medinipur and these

representations are still pending consideration.

5. Therefore, we dispose of this appeal along with the

connected application by directing the Superintendent of

Police, Paschim Medinipur to take on his file such

representations / complaints and forward the same to the

appropriate police officer, to conduct a detailed

investigation into the matter and if necessary, make a spot

inspection of the area and thereafter proceed to take action

in accordance with law.

6. This direction shall be complied with within a period of

four weeks from the date of receipt of the server copy of this

judgment and order.

7. There shall be no order as to costs.

8. Urgent photostat certified copy of this order, if applied

for, be furnished to the parties expeditiously upon compliance

of all legal formalities.

( T.S. SIVAGNANAM) Acting Chief Justice

I agree,

(HIRANMAY BHATTACHARYYA, J.)

NAREN/PALLAB(AR.C)