Sabbir Hossain vs State Of West Bengal And Others

Sabyasachi Bhattacharyya, J

The police personnel directed to be present today, that is, the respondent no.5, is present in court personally as well as represented through counsel.

An unconditional apology is sought on behalf of the respondent no.5 with regard to failure on the part of the said respondent to register a First

Information Report on the complaint of the petitioner, although FIR was registered on the complaint of the private respondent. However, learned

counsel for the respondent-authorities submits that now a First Information Report has been registered and investigation has commenced.

Learned counsel for the respondents-authorities assures this Court that the police will do their level best to conclude such investigation fairly and with

reasonable expedition.

As regards the allegation of the petitioner, that the petitioner has been dispossessed from the premises-in-dispute by the private respondent, it appears

that the petitioner has annexed prima facie documents which indicate that the petitioner might have been in possession of the premises-in-question. A

tenancy agreement as well as the electricity bills are annexed, along with rent receipts issued in favour of the petitioner in that regard.

However, it would be beyond the jurisdiction of this Court to direct restoration of possession, by evicting the private respondent, without going into

detailed evidence, which would fall outside the purview of Article 226 of the Constitution of India.

Accordingly, W.P. No. 696(W) of 2020 is disposed of by directing the respondent no.5 to complete investigation in respect of the complaints lodged,

both by the petitioner as well as the private respondent, as expeditiously as possible and to see that such investigation reaches its logical culmination at

an early date.

The petitioner is granted liberty to approach an appropriate court, to claim recovery of possession in accordance with law, and, if so approached, the

competent court having jurisdiction to entertain such matter, be it a regular suit under Section 5 of the Specific Relief Act, 1963 read with Section 9 of

the Code of Civil Procedure, 1908 or a summary proceeding under Section 6 of the Specific Relief Act, 1963, on its own merits without being

influenced in any manner by any of the observations made herein.

Further personal appearance of the respondent no.5, as directed earlier, is also dispensed with.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.