Mrityunjoy Roy vs State Of West Bengal & Ors

The petitioner is a tenant in respect of the property premises no. 317, Roy Bahadur Road, New Alipore, Post Office â€" New Alipore, Police Station

â€" Behala, District â€" South 24 Parganas, Kolkata- 700053.

The Ejectment Suit No. 409 of 2009 is pending before the learned 5th Civil Judge, (Junior Division) at Alipore.

It is the contention of the petitioner that during the lockdown period the entire tenanted room of the petitioner was severely damaged due to the super

cyclone storm “Amphanâ€​. The petitioner is staying without a roof over his head and wants to construct the roof.

It is alleged that the respondent nos. 5 to 9 who are the owners of the said property have prevented the petitioner from constructing the temporary

shade above his had.

The petitioner submits that the Civil Court is not functioning. It is not possible to approach the Civil Court for making the necessary repairs.

Thus, the petitioner has invoked the jurisdiction of the Court under Article 226 of the Constitution of India alleging that the police authorities may be

directed to assist the petitioner for construction of a temporary shade/roof above the tenanted property specially in view of the fact that the owners of

the property are resisting the same.

In my opinion the jurisdiction of the Court cannot be invoked by alleging police inaction, as the police authorities are not liable to assist and/or aid the

petitioner in construction of the roof. However, as the allegation is that the petitioner’s roof has flown away under the attack of the Super Cyclone

Storm “Amphanâ€, the petitioner may be entitled to relief as per the policy of the Govt. The victims of the Amphan have been favoured with some

assistance by the Govt. They have also been given rehabilitation and aid.

Under such circumstances, the petitioner is at liberty to approach the District Magistrate, South 24 Parganas, seeking help in this regard.

The appropriate authority shall assess the situation upon notice to the landlords and come to the aid of the petitioner if the grievance of the petitioner is

true and correct.

The landlord shall also notify the assessment to be made by the authorities.

It is made clear that any inaction by the authorities in favour of the petitioner in this regard shall not create any equity and shall not affect the civil suit,

which is pending before the learned Court below.

This writ petition and the connected application are thus disposed of.

There will be no order as to costs.

Parties are directed to act on the learned Advocate’s communication. Urgent photostat certified copy of this order be given to the parties on

priority basis, if the same is applied for.