Bharati Biswas & Anr vs State Of West Bengal & Ors
2023 Latest Caselaw 4566 Cal

Form No. J(2)

                IN THE HIGH COURT AT CALCUTTA
                CONSTITUTIONAL WRIT JURISDICTION

Present:
The Hon'ble Justice Jay Sengupta


                       WPA 11724 of 2023

                         Bharati Biswas & anr.
                                 -vs-
                   State of West Bengal & ors.


For the Petitioners           Ms. Sucharita Biswas
                              Mr. Debapriya Gupta


For respondent nos.

 5&6                          Mr. Abhimanyu Bannerjee
                              Ms. Roshni Kalam

For the State                 Mr. Amal Kr. Sen, Ld. AGP
                              Mr. Lal Mohan Basu




Heard on                       : 31.07.2023

Judgment on                    : 31.07.2023



Jay Sengupta, J.:

This is an application under Article 226 of the Constitution of

India praying for a direction upon the respondent authorities,

especially the respondent no.4 to give necessary police protection at

the premises in question and to take steps on the basis of the

complaint lodged by the petitioners.

Affidavit of service filed on behalf of the petitioners is taken on

record.

Report filed on behalf of the State is also taken on record.

Copies of certain documents pertaining to civil disputes

between the adverse parties as filed on behalf of the private

respondents are also taken on record.

Learned counsel appearing on behalf of the petitioners submits

as follows. The petitioner no.1 is an octogenarian lady and the

petitioner no.2 is her unmarried daughter. They are purportedly in

possession of a part of the property. Without offering the petitioners

to purchase the particular part of the property in question, the son of

the petitioner no.1 sold away the said part of the property allegedly

to the private respondents. The private respondents are not residing

there. They have employed such anti-social elements who are

residing in the property and creating trouble so that they can grab

the part of the property which is in a possession of the octogenarian

lady. In spite of complaints made before the police authorities, no

adequate steps have been taken. Even the main gate of the building

which was damaged by the private respondents could not be repaired

due to their opposition. Necessary police help may be given for this.

Learned counsel appearing on behalf of the private

respondents relies on the documents filed and submits as follows.

There is a civil suit pending between the parties and the private

respondents have already been granted an order ad interim

injunction in respect of the first floor of the property which they had

purchased after the same had been gifted to the son of the petitioner

no.1. Reliance is also placed on an order passed under Section 144

of the Code in their favour.

At this stage, it is further submitted on behalf of the

petitioners that the purported injunction order passed in the civil

suit has been vacated.

Learned AGP representing the State relies on the report and

submits as follows. Two civil suits are pending between the private

parties over the dispute. On the previous allegations made by the

petitioners, a specific FIR being Lake Town Police Station Case

Number 181/22 dated 27.08.2022 under Sections 448, 427, 188 and

34 of the Indian Penal Code was started. The police are keeping a

watch in the locality.

I have heard the submissions of the learned counsels for the

parties and have perused the writ petition and the documents filed in

course of the proceeding.

It appears that a civil suit is pending between the adverse

parties.

There is also an order passed under Section 144 (2) of the

Code of Criminal Procedure.

So far as the question of police inaction is concerned, the

police have already taken steps on the previous complaint lodged by

the petitioner and drawn up a specific FIR. The same is being

investigated into.

In case there is a further disturbance or if the police deems fit

and proper, necessary action may be taken by the police authorities

including starting a proceeding under Section 107 of the Code.

No further order need be passed in this case.

However, the police shall keep a strict vigil at the locale and

ensure that no breach of peace takes place. The police shall also

render necessary protection so that the main gate of the building can

be repaired upon being approached by the petitioners.

With these observations, the writ petition is disposed of.

Urgent Photostat certified copy of this order be supplied to the

parties, if applied for, as early as possible.

Since affidavits were not called for, allegations are deemed not

to have been admitted.

(Jay Sengupta, J.)

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