SUNANDA BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners with this application has asked for variation and/or modification of my order dated 10th October 2001 and for setting aside of the Memo bearing No. 7722-E dated 18.10.2001 being annexure 'P-2' and the report dated 23rd November 2001 being annexure 'P-5' to the application; and further refund of sum of Rs. 15,000/-. The case of the petitioner is appropriately narrated hereunder:

(2.) The petitioner has a fishery right under the Private Fishery Protection Act, 1889 at a place called ?Tentul Beria Jalkar? located at Chak Patli Mouza, P.S. Hasnabad, District 24-Parganas (North). She was unlawfully and unduly disturbed by the private respondents and other unidentified persons in assertion of her right of fishery under a licence granted by the Government under the statute. She was unable to operate sluice gate during high tide, which is necessary for pisciculture, rearing and catching fishes. So, she approached local Police Station first and having no redressal for her grievance she thereafter filed application under section 144 of the Criminal Procedure Code in the Court of the learned Sub-Divisional Executive Magistrate at Basirhat, 24-Parganas (North). The learned Magistrate on 8th August 2001 passed an order amongst other as follows:-

(3.) The aforesaid order of the learned Magistrate was forwarded to the Officer-in-Charge of the local Police Station concerned. The petitioner herein having found the aforesaid order not being carried out and implemented came to this Court with a writ petition for implementation of the aforesaid order and also for police assistance so that she can run her fishery with her employees and agents.