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Judgment
Sabyasachi Bhattacharyya, J
Affidavit-of-service, as well as the report filed by the respondent-authorities filed in Court today, be taken on record.
Heard the respective parties.
The grievance of the petitioner is that the respondent-authorities are not taking any steps in respect of several written complaints lodged by the petitioner in respect of a dispute, pertaining to which there is already a previous direction by a co-ordinate Bench of this Court dated February 18, 2019, passed in W. P. No. 15965(W) of 2018.
The allegations of the petitioner are denied by the private respondents.
Learned counsel for the private respondents submits that the petitioner is not at all the owner of the disputed house and as such she has no locus standi to file this writ petition.
Such allegations, needless to say, are controverted in reply by the petitioner.
It appears from the order dated February 18, 2019, passed in W. P. No. 15965(W) of 2018, that the co-ordinate Bench recorded that there was a stay in respect of a complaint lodged at the Kakdwip police station, for which the matter could not be proceeded with.
However, it was directed by the learned Single Judge that the investigation pending in respect of Pathar Pratima Police Station Case No. 197 of 2018, should be expedited and concluded in a fair and impartial manner.
Learned counsel for the respondent-authorities files a report submitted by the Officer-in-Charge of Pathar Pratima police station, which indicates that, as far as one of the cases is concerned, the police duly investigated and have already submitted charge-sheet in the matter.
As regards the other cases as well, prosecution under Section 107 of the Code of Criminal Procedure was initiated against the private respondents.
In such view of the matter, it appears that the police took due steps in compliance with the order of the co-ordinate Bench, as referred to above.
It is made clear that the civil disputes raised between the parties is not entered into by this court at all, since the same is beyond the jurisdiction of this Court under Article 226 of the Constitution of India.
W. P. No. 21185(W) of 2019 is accordingly disposed of in the light of the observations made above.
No further direction is necessary on the police for the time being. However, it is made clear that the private respondents are at liberty to take appropriate steps and/or to approach the appropriate fora for ventilating their grievances.
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.