Calcutta High Court (Appellete Side)
Rupa Guha vs State Of West Bengal & Ors on 23 August, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
23.08.16
Ml. No.1294
akd
W.P. 1073(W) of 2016
[Rupa Guha -Vs- State of West Bengal & Ors.]
Ms. Dipannita Mukherjee
... ... for the petitioner
Upon mentioning, this writ petition is taken up for hearing today treating it as on
Supplementary list.
It is submitted on behalf of the petitioner that the private respondent herein is
wrongfully interfering with her right, title and interest in the property in question and also indulging in acts of violence. Repeated complaints to the police authorities have not yielded any result and hence, she has filed the instant writ petition.
Mr. Subhabrata Datta, learned advocate, who ordinarily appears for the State, is requested to appear in the instant case for the State. A copy of the writ petition be served upon Mr. Dutta in course of the day.
Under such circumstances, I am of the opinion that it shall be open to the petitioner to institute appropriate criminal proceeding in accordance with law in the event the action of the private respondent constitutes penal offences or cause an apprehension of breach of public peace and tranquility. Needless to mention lawful orders passed by the said judicial authorities shall be implemented by the police authorities in accordance with law.
With the aforesaid observations, the writ petition is disposed of. Since no affidavit-in-opposition has been called for, the allegations made in the writ application are deemed to have been not admitted by the respondents. 2 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.)