Calcutta High Court (Appellete Side)
Shyamali Chatterjee & Ors vs The State Of West Bengal & Ors on 19 August, 2021
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
19.08.2021.
Item No. 131.
Court No.13
ap W.P.A. No. 12587 of 2021
(Through Video Conference)
Shyamali Chatterjee & Ors.
Versus
The State of West Bengal & Ors.
Ms. Madhumita Patra.
..For the petitioners.
Mr. Ansar Mondal,
Mr. Suprabhat Bhattacharyya.
...For the State.
Affidavit-of-service filed in Court today be taken
on record.
By an order dated 18th December, 2020 passed
in B.C. (Ex) Case No. 05 of 2020 (Binapani Devi
Bhattacharya & Gita Mukherjee - Vs. - Nagen Mandi),
the Sub-Divisional Officer, Sadar, Hooghly and
Executing Authority under Section 20(2) of the WBLR
Act, 1955 holding that the respondent therein was not
willing to pay the Bargadar's share to the petitioners/landlord, it was directed that possession of the said land to be handed over back to the writ petitioners.
The Officer-in-charge, Polba Police Station was directed to provide necessary police help to the Block Land & Land Reforms Officer (BL & LRO), Polba, Dadpur for the aforesaid purpose.
By a communication dated 18th June, 2021 the BL & LRO, Polba, Dadpur requested the Officer-in- charge, Polba Police Station to provide necessary 2 assistance in handing over the said land to the writ petitioners. A further reminder was also made on 19th July, 2021.
Counsel for the State produced instructions and submits that the delay in providing police assistance was due to the Pandemic. He further submits that they have no reservation in providing police assistance to the BL & LRO, Polba, Dadpur to carry out the said order dated 18th December, 2020.
In that view of the matter, the Officer-in-charge, Polba Police Station shall provide sufficient force to the BL & LRO, Polba, Dadpur on 31st August, 2021 at 11:00 A.M., to assist him in taking over possession of the subject land and handing over the same to the writ petitioners.
The Officer-in-charge, Polba Police Station shall ensure that the private respondent does not in any way interrupt such proceeding.
With the aforesaid directions, the instant writ petition shall stand disposed of.
There will be no order as to costs.
Officer-in-charge, Polba Police Station has submitted a report dated 16th August, 2021 in the form of instructions to the learned Government Pleader. The same is taken on record. 3
All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)