Tapan Kumar Kar @ Tapan Kar And Another vs State Of West Bengal And Others

Sabyasachi Bhattacharyya, J

The grievance of the petitioners is that the private respondent is preventing the access of the petitioners to the top floor flat purchased by the petitioners, taking advantage of the ownership and possession of the private respondent on the three lower floors of the disputed building. It is alleged that a padlock was previously put on the petitioners' flat as well as on the main entrance, for which a writ petition was filed bearing W.P. No.22152(W) of 2019. The said writ petition was disposed of on December 10, 2019 by a co-ordinate Bench, which order has been annexed at page 84 of the instant writ petition.

It is evident from the said order that it was submitted on behalf of the private respondent, who is the present private respondent as well, that the said respondent has no enmity with the petitioners and did not put a padlock on the petitioners' flat and more particularly, the padlock did not belong to his client.

Learned counsel appearing for the private respondent submits that the petitioner no.1 is a police personnel and the private respondent apprehends that the petitioner no.1 will exert his influence over the local police station with regard to the matter-in-dispute.

However, it is not admitted on behalf of the private respondent that the private respondent put any padlock on the main gate of the building-in-question. Be that as it may, since the previous writ petition was disposed of on the submission of the private respondent that the private respondent did not have any enmity with the petitioners and did not put the padlock-in-question, but as a similar allegation has arisen again, necessitating the filing of the present writ petition, it would be appropriate that the police is now directed to accompany the petitioners to the building-in-question and to ensure that the petitioners get access to the flat belonging to the petitioners, situated on the top floor.

Accordingly, the respondent no.4 is directed to ensure that the petitioners are accompanied by police personnel from Manicktala Police Station and to further ensure that the petitioners get free access to their top floor flat in the building-in-question, if necessary by breaking open any padlock which may come in the way, affixed on the main gate. In the event it is seen that the ownership of the padlock is admitted by the private respondent, the police shall fix a new padlock at the cost of the petitioners and hand over duplicate keys thereof, both to the petitioners and the private respondent and/or, at the discretion of the respondent no.4, ensure that the private respondent hands over such duplicate key of the padlock affixed in the main gate of the petitioners to provide free access to the petitioner over the common areas and to his top floor flat. Such police assistance will be given during the course of this day, so that the petitioners may enter into the possession of the flat-in-question by midnight today.

The matter will next appear on January 24, 2020 as a "Specially Fixed Matter" for filing of a report by the respondent no.4 regarding compliance of the direction given above and for passing further orders.