Calcutta High Court (Appellete Side)
Fani Roy vs The State Of West Bengal & Ors on 26 April, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1
67 26.4.16
c W. P. No. 6567 (W) OF 2016
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Fani Roy
-vs.-
The State of West Bengal & Ors.
Mr. Arnab Saha ........ For the Petitioner.
Mr. Amitesh Banerjee.
.........For the State.
None appears for the Pradhan, respondent no.7 despite service. Affidavit- of-service, filed in Court today, shall be retained with the records.
Since the rights of the private parties i.e. the petitioner and one Narendra Nath Roy have been determined finally by this Court while disposing of C.O. No.2986 of 2007 and possession of the property in dispute has been made over in favour of the petitioner, the respondent no.7 had no authority in law to issue the notices dated 28th August, 2015 and 1st October, 2015 at pages 63 and 64 respectively of this writ petition. There shall be stay of operation of such notices and the Officer-in-Charge, Alipurduar Police Station shall protect the petitioner's possession of the property in dispute.
Submission of Mr. Banerjee, learned senior Government advocate for the State that based on the complaint of the petitioner dated 24th March, 2015, Alipurduar Police Station Case No.116 of 2015 dated 24th March, 2015 under sections 447/325/326/34 of the Indian Penal Code was registered resulting in submission of a charge- sheet vide Alipurduar Police Station C. S. No. 270 of 2015 dated 31st May, 2015 under sections 447/325/326/34 of the Indian Penal Code, is recorded.
Let affidavit-in-opposition be filed by six weeks; reply thereto, if any, may be filed by two week thereafter.
2The writ petition shall be treated as ready for hearing on completion of the period fixed above for exchange of affidavits and, thereafter, the parties shall be at liberty to mention it for consideration before the appropriate Bench.
(Dipankar Datta, J.)