Calcutta High Court (Appellete Side)
Ramesh Patel & Anr vs The State Of West Bengal & Ors on 28 June, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
28.06.17
Sl. No. 583
akd
W.P. 16135(W) of 2017
[Ramesh Patel & Anr. -Vs- The State of West Bengal & Ors.]
Mr. Arnab Chatterjee
... ... for the petitioners
Mr. Ranjit Kr. Jaiswal,
Mr. Nandalal Pradhan
... ... for the respondent
nos.7 & 10 Mr. Subhabrata Datta, Mr. Benazir Ahmed ... ... for the State Affidavit-of-service filed today in Court be kept with the record. It is the grievance of the petitioners that the private respondents herein have wrongfully interfered with their right to carry on saw mill business on their land. However, they are unable to satisfy this Court as to the legality of such business.
Report is filed on behalf of the State-respondents wherefrom it appears that on the complaint of the petitioners, criminal case being Baranagar P.S. Case No. 413/17 dated 10th June, 2017 under Sections 447/509/34 IPC has been registered for investigation. Steps have been taken in the matter and accused persons have since been released on bail. The said report be kept with the record. Copy of the report be handed over to the learned advocate for the petitioners as well as the learned advocate for the private respondents herein.
In view of the aforesaid facts, I observe that the Investigating Agency shall conduct the investigation in a fair and proper manner and conclude the same at an early date. 2 With the aforesaid observation, the writ petition is disposed of. I make it clear that I have not observed any opinion with regard to the validity of the business run by the petitioners on the land in question.
There shall be no order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Joymalya Bagchi, J.)