Calcutta High Court (Appellete Side)
Kanti Roy Chowdhury vs The State Of W. B. & Ors on 3 October, 2023
Author: Jay Sengupta
Bench: Jay Sengupta
03.10.
g.b. 2023
Ct. No.14
614 WPA 24774 of 2022
Kanti Roy Chowdhury
Vs
The State of W. B. & Ors.
Mr. Ashim Ghosal
Mr. Supriyo Ghosh
Ms. Susmita Adhikary
.......For the Petitioner
Mr. Sirsanya Bandopadhyay
Mr. Arka Kumar Nag
......For the State
Learned counsel appearing on behalf of the
petitioner submits as follows. The private
respondents have blocked a public pathway and are
preventing others from using the same. This had been brought to the notice of the police but no action was taken.
Learned counsel appearing on behalf of the States submits as follows. According to the report of the B. L. & L. R. O. although the land in question was recorded as a road, the land are in possession of the private respondents.
If the petitioner believes that the private respondents are blocking any public road and causing nuisance, he shall be at liberty to file an 2 appropriate application under Section 133 of the Code of Criminal Procedure. Such application, if filed, shall be considered in accordance with law.
As affidavits were not called for, the allegations made in the writ petition are deemed not to have been admitted.
With these observations, the writ application is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties on urgent basis after completion of all necessary formalities.
(Jay Sengupta, J.)