Yusuf Ali Saphui vs State Of West Bengal & Ors

Sabyasachi Bhattacharyya, J

Affidavit of service filed in Court today be kept on record. The grievance of the present petitioner is that, the private respondents are disturbing the possession of the petitioner in respect of the property-in-dispute, which, according to the petitioner, is owned by the petitioner.

It is further argued on behalf of the petitioner that, pursuant to an order passed by the concerned Magistrate under Section 144(2) of the Code of Criminal procedure, the police filed a report, annexed at page 40 of the instant writ petition, in which it was mentioned that the said respondents are desperate and dangerous in nature.

It is revealed by learned counsel for the petitioner, on query of Court, and corroborated by the counsel for both the respondent-authorities as well as the private respondents, that a civil litigation is pending in connection with the property-in-dispute, pursuant to which an application under Article 227 of the Constitution of India is also pending in this Court after restoration.

Learned counsel appearing for the private respondents submits that the private respondents are in possession of the suit premises, contrary to the allegations of the petitioner, and, as such, there could not be any role for the police to play at the present juncture, since the dispute is entirely of civil nature.

Upon considering the submissions of the parties, it is apparent that the rights of the private parties herein are entirely dependent on the fate of the civil litigation pending between them. It would thus be unfair to direct the police to restore peace in the area, which has allegedly been disturbed by the private respondents, at the present juncture, unless there is a specific order of injunction by a civil court which, if violated, can be redressed by the competent civil court hearing the matter.

However, this observation shall not prevent the petitioner from lodging any further complaint before the police authorities in the event any criminal offence is perpetrated by the private respondent against the petitioner.

Yet, no further direction is required at present to be issued on the police authorities.

W.P. No. 23981 (W) of 2019 is, accordingly, disposed of in the light of the aforesaid observations.

There will be no order as to costs.

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