High CourtsSingle Bench(2020) 06 CAL CK 0094

Ananta Banerjee vs State Of West Bengal & Ors.

Calcutta High Court · Decided on 30 June 2020

HON’BLE JUDGES
Shampa Sarkar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petitions (WP) No. No. 5643 (W) Of 2020, Civil Application (CAN) No. 3498 Of 2020

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Judgment

20 paragraphs · 361 words

The petitioner claims to be the owner of the land situated within the jurisdiction of the Kalna Police Station. The said land is being used by the

petitioner as a garden where the petitioner has planted different kinds of trees.

It is the submission of the petitioner that the respondent Nos.8 to 14 have illegally trespassed into the garden of the petitioner and destroyed valuable

trees. According to the petitioner, several complaints were lodged with the Kalna Police Station but the Officer‐in‐Charge, Kalna Police Station has

not taken steps in this regard.

Today, Mr. Mahata, learned Additional Government Pleader, High Court, Calcutta, appearing on behalf of the State‐respondents, has filed a report

through the Officer‐in‐Charge, Kalna Police Station. The same is taken on record. From the report, it appears that pursuant to the complaint lodged by

the petitioner, Assistant Sub‐Inspector, Kalna P.S., Sanjib Pathak, submitted a prayer before the learned ACJM, Kalna Court on June 17, 2020 along

with an extract copy of Bulbulitola O/P GDE No.383 dated June 14, 2020 for necessary permission to enquire into the matter. The learned ACJM

was pleased to allow such enquiry. The matter was enquired into locally. It has been stated in the report that it was revealed that a path was blocked

by the miscreants and hot altercation took place and two coconut trees were damaged and the petitioner was also threatened. TheÂ

enquiry officer submitted a prosecution under Sections 427/506 of the Indian Penal Code against some of the miscreants vide Kalna PS NCR

No.277/20 dated June 22, 2020.

Thus, in my opinion, the police authorities have taken steps in the matter as of now.

It is made clear that the police authorities should ensure that such untoward incident does not happen in future and the authorities will proceed in

accordance with law.

The petitioner is at liberty to approach the forest authorities on the allegation of felling of trees by the miscreants.

This writ petition is, thus, disposed of along with the connected application.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.