Hamidul Laskar And Another vs State Of West Bengal And Others

Sabyasachi Bhattacharyya, J

Affidavit-of-service filed in Court today be taken on record.

Despite service, none appears on behalf of the private respondents, although the respondent-authorities are represented through counsel.

The grievance of the petitioners is that the petitioners have been ousted from their own premises by the private respondents.

It is further submitted that, despite repeated complaints, the police authorities have not taken any steps with regard to the criminal offences committed against the petitioners by the private respondents and regarding reinstatement of the private respondents to their alleged residence.

Learned counsel appearing for the respondent-authorities files a report given by the Inspector-in-Charge, Canning Police Station, Baruipur Police District, which indicates that there is a private dispute between the petitioners and the private respondents and that a preliminary enquiry showed that the petitioner no. 1 is not residing at the premises-in-question, but living elsewhere with his second wife.

However, the said stay away from the disputed premises, as per the complaint of the petitioners, is under compulsion since the petitioners have been allegedly ousted from their premises and as such, cannot be much relevant for the purpose of deciding the present lis.

Yet, since the report filed today by the respondent-authorities further shows that the police authorities, after enquiry, have started prosecution vide Canning Police Station N.C.R. No. 850/19 dated November 15, 2019 under Sections 107/116(C) of the Code of Criminal Procedure with regard to such complaint, it would be premature to fault the police for inaction at this stage.

The report filed by the respondent-authorities is taken on record.

Accordingly, W. P. No. 23032(W) of 2019 is disposed of by giving the petitioners liberty to approach the appropriate forum for canvassing their rights in respect of the property, as well as in the capacity of senior citizens, and also to approach the appropriate authority in the event the police authorities do not take any action on specific complaints, if any, lodged by the petitioners in future, which disclose offences cognizable in nature.

Since no affidavits are invited in the matter by the Court, it is deemed that the allegations made in the writ petition are not admitted by the respondent-authorities.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.