MANORANJAN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners claim to be owners of certain plots of land, particulars whereof have not been mentioned in the body of the petition. Copies of two registered deeds of sale have been annexed to the petition which reveal that plot Nos. 4730, 4732, 4739 and 4738 are the properties mentioned in the Schedule thereto. The open space in front of the residential houses of the petitioners, it is alleged, belongs to Barochandghar Gram Panchayat. Such open space is being used by the petitioners for ingress to and egress from their residential house. It is the further allegation of the petitioners that one Ram chandra Roy, respondent No. 11 set up a medicine shop and extended shop rooms one after another on the space in front of the residential house of the petitioners and thereby disturbed the ingress and egress of the petitioners. Despite protest made by the petitioners, the Panchayat authority did not take any step to ameliorate their grievance.

(2.) Feeling aggrieved by such action of the said Ram chandra Roy, the petitioners instituted a civil suit in the Court of the learned Civil Judge, Krishnanagar, 1st Court, Nadia being Title Suit No.101 of 2002. In connection with the said suit, an application for interim relief was taken out praying for a direction upon the concerned authority to render protection to the petitioners. Admittedly, no order of injunction was passed by the Civil Court and the said civil suit is pending.

(3.) The aforesaid facts and circumstances in the background, the petitioner No.7 made a representation to the Superintendent of Police, Nadia, stating that disputes and differences having arisen between the parties the private-respondents herein have threatened the petitioners with dire consequences. The same was also intimated to the Rural Outpost, Mira in G. D. No.1110/05 dated 29.7.2005. However, the Police failed to render any assistance to the petitioners.