Sambhu Adhikari vs The State Of West Bengal & Ors
2024 Latest Caselaw 4608 Cal

Calcutta High Court (Appellete Side)

Sambhu Adhikari vs The State Of West Bengal & Ors on 9 September, 2024

Author: T.S. Sivagnanam

Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya

Form No. J.(2)
Item No.9

                 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 APPELLATE SIDE
                                HEARD ON: 09.09.2024
                              DELIVERED ON: 09.09.2024
                                  CORAM:
                    THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
                                    AND
             THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA
                                 M.A.T. 1427 of 2024
                                         With
                                 IA No. CAN 1 of 2024
                                   Sambhu Adhikari
                                          Vs.
                            The State of West Bengal & Ors.

Appearance:-
Mr. Rajib Kr. Basu
                                             .........for the appellant
Mr. K. J. Yusuf, Ld. A.G.P.
Mr. Saurav Chowdhury
                                             .....for the State
Mr. Sajal Kanti Bhattacharyya
Mr. Sarthak Burman
                                             .....for the respondent nos.4 to 6
                                     JUDGMENT

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

1. The appellant/petitioner sought for a direction upon the respondent/police to

take action against the respondent nos.4 to 6, who are the co-owners of the

property as they were objecting to the appellant's/petitioner's repairing his

broken tile roof.

2. The learned Single Bench dismissed the writ petition and rightly so since the

police authorities cannot interfere in a civil dispute. Therefore, the order

passed by the learned Single Bench cannot be interfered with.

3. Having come to such a conclusion, we queried the learned advocate appearing

for the private respondent nos.4 to 6 as to whether his clients would have any

objection if the appellant repair the tile roof alone.

4. Learned advocate on instruction submits that the respondents are only

concerned about the encroachment, which the appellant is attempting to make

and if he wants to repair the broken down tile roof, it will be well-open to him

to do so in accordance with law.

5. Accordingly, we direct the appellant to file an undertaking before the

respondent no.3/police stating that the appellant seeks to repair the only

broken tile roof and that he will not encroach into any land, which is being

objected to by the respondent nos.4 to 6. On giving such a written

undertaking, the, respondent no.3 shall issue notice to the respondent nos.4

to 6, hear their version and thereafter, proceed to take action in accordance

with law. It goes without saying that the appellant cannot make any new

construction and can only repair the broken tile roof and the appellant should

give such an undertaking before the respondent no.3/police.

6. With the aforesaid directions, appeal and the connected application are

disposed of.

7. No 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) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.)

Pallab/KS AR(Ct.)