SRI CHANDRA NATH MAITY v. STATE OF WEST BENGAL AND ORS.
WPA/22391/2023 · 2025-04-03
Tirthankar Ghosh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41414 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41414 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sl.No. 8 Court No. 35 G.S.Das
03.04.2025
WPA 22391 of 2023
Sri Chandra Nath Maity -Vs- The State of West Bengal & Ors.
Mr. Kanailal Samanta
… for the Respondent nos. 8 and 9
Mr. Abhijit Sarkar Mr. Suman Singh
… for the State-respondent(s)
The petitioner has approached this court being aggrieved by the inaction of the police authorities. According to the petitioner, in spite of the representation being made, no steps were taken by the police authorities and the respondent nos. 8 and 9 have raised unauthorized construction encroaching the portion of the petitioner’s property.
State has submitted a report which reflects that in respect of the complaint addressed to the police authorities, Nandakumar P.S. Case No. 271 of 2023 dated 22.07.2023 was
registered for investigation and, subsequently, charge-sheet has been submitted on or about 31.08.2023 against the respondent nos. 8 and 9.
The police authorities also have, at the relevant point of time, drawn up a proceeding under Section 107 of the Cr.P.C.
Having considered that the police authorities responded to the information furnished before them, I am of the view that no interference is called for so far as the police inaction is concerned.
If the petitioner is aggrieved by any illegal construction being raised, the petitioner would approach the jurisdictional Civil Court and the jurisdictional civil court will take a decision after taking into account the facts placed before the said court.
With the aforesaid observations, WPA 22391 of 2023 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record.
Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
(Tirthankar Ghosh, J.)