Calcutta High Court (Appellete Side)
In Re: Gautam Kumar Das vs State Of West Bengal & Ors on 3 October, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
03.10.18
Item No.12
Court No.15
Krishnendu
W.P. No. 18717 (W) of 2018
In re: An application under Article 226 of the Constitution of India filed on 17.09.2018;
And
In re: Gautam Kumar Das
- Versus -
State of West Bengal & Ors.
Mr. Anjan Bhattacharya
Mr. Prateep Bera
For the Petitioner
Mr. Sakya Sen
Mr. Amritalal Chatterjee
For the State
Mr. Debabrata Acharya
Mr. Prabir Adhya
For the Respondent
Nos. 4-10 Affidavit of service filed by the petitioner be kept on record. Mr. Bhattacharya, learned advocate appearing for the petitioner submits that the private respondents are obstructing the petitioner from constructing a boundary wall over the plot of land detailed in paragraph 3 of the writ petition. Aggrieved thereby, the petitioner filed an application under section 144(2) of the Code of Criminal Procedure and in the same an order was passed on 23rd August, 2018 directing the respondent no. 3 to enquire and file a report and to ensure that no breach of peace takes place. Mr. Bhattacharya further submits that in spite of communication of the said order, the police authorities have not taken any steps.
Mr. Acharya, learned advocate appearing for the private respondent nos. 4 to 10 denies the contention of the petitioner and submits that the said respondents have not created any obstruction, as alleged in the writ petition.
Mr. Sen, learned advocate appearing for the State respondents submits that the owners of the land are not before this Court. One of the alleged power of attorney holders of the owners of the land has preferred the present writ petition. The dispute is purely civil in nature and as such no interference is called for. The allegation of inaction, as levelled against the police authorities, is also not sustainable since adequate steps have been taken by them to maintain peace and tranquility. 2
The grievance of the petitioner is that the private respondents are obstructing the petitioner from raising construction though the said respondents have no right, title and interest over the same. It appears that the dispute between the petitioner and the private respondents is purely civil in nature involving disputed questions of fact pertaining to an immovable property.
In view thereof, the writ petition is disposed of with liberty to the petitioner to assert his right before the appropriate forum. The respondent no. 3 shall ensure that no physical harm is caused to either set of parties due to the dispute between them.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Tapabrata Chakraborty, J.)