AMIYA BHAUMIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The grievance of the present petitioner is that, the Commissioner of Police, Barrackpore Police Commissionerate, by a decision dated March 14, 2019, committed a patent illegality inasmuch the said officer was directed by a co-ordinate Bench of this Court vide order dated February 25, 2019 passed in W.P. No. 18201(W) of 2018, inter alia, to decide an application of the petitioner on the basis of the documents to be produced by the petitioner and to ensure that no civil suit is pending in respect of the property-in-question and there is no injunction order or order of status quo with regard to the nature and character of the property passed by the civil court. The Commissioner was further directed to call upon both the parties to produce documents in that regard.

(2.) It was held by the said learned Single Judge that, if the Commissioner finds that the claim of the petitioner for police protection to put the fence cannot be granted, then the Commissioner shall assign reasons and communicate the same to the petitioner within two weeks from the date of communication that order.

(3.) Learned senior counsel appearing for the petitioner argues that although the petitioner, being the owner of the suit property, regarding which extensive documents, including title deeds, extracts from the record of rights, receipts of taxes and rent paid to the authorities were produced before the Commissioner, those were overlooked by the Commissioner in arriving at the impugned decision.