{"id":1398,"date":"2024-01-29T13:19:19","date_gmt":"2024-01-29T07:49:19","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=1398"},"modified":"2024-07-29T13:09:39","modified_gmt":"2024-07-29T07:39:39","slug":"calcutta-hc-holds-that-any-social-boycott-of-a-citizen-or-his-family-member-has-to-be-dealt-with-strictly-by-the-administration-and-has-no-place-in-a-civilized-society","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/calcutta-hc-holds-that-any-social-boycott-of-a-citizen-or-his-family-member-has-to-be-dealt-with-strictly-by-the-administration-and-has-no-place-in-a-civilized-society\/","title":{"rendered":"Calcutta HC holds that any social boycott of a citizen or his family member has to be dealt with strictly by the Administration and has no place in a civilized society."},"content":{"rendered":"

Sri Ranajit Mondal\u00a0 (<\/strong>petitioner) Vs.\u00a0 <\/strong>The State of West Bengal & Ors\u00a0 (<\/strong>respondent)<\/h1>\n

W.P.A. 11715 of 2023<\/p>\n

(Delivered by Jay Sengupta, J<\/strong>.)<\/p>\n

 <\/p>\n

Facts:<\/u><\/strong> The petitioner is the owner of the property in question. The private respondents are trying to disturb the possession and enjoyment of the property by the petitioners. The petitioner filed a civil suit and obtained an order of injunction. Yet, the private respondents continued to violate the same. The prime bone of contention is that a temple that was illegally constructed by the private respondents in front of the petitioner\u2019s property. When the petitioner objected there was a social boycott effected by the locals including the private respondents.<\/p>\n

Issue:<\/u><\/strong> Whether the present writ petition is maintainable?<\/p>\n

Argument on behalf of counsel for petitioner:<\/u><\/strong> Mr. Somnath Mukherjee<\/p>\n

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the owner of the property<\/a> in question. The private respondents are trying to disturb the possession and enjoyment of the property by the petitioners. The petitioner filed a civil suit and obtained an order of injunction. Yet, the private respondents continued to violate the same. The prime bone of contention is that a temple that was illegally constructed by the private respondents in front of the petitioner\u2019s property. When the petitioner objected there was a social boycott effected by the locals including the private respondents. This is not permissible in law.<\/p>\n

Argument on behalf of counsel for respondent:<\/u><\/strong> Mr. Amritlal Chatterjee<\/p>\n

Learned counsel appearing on behalf of the State relies on the report and submits as follows. A civil<\/a> dispute is pending between the private parties. On the complaint of the petition the State authorities have already initiated a proceeding under Section 107 of the Code. A Title Suit is pending.<\/p>\n

Held:<\/u><\/strong> The court disposed off the present writ petition holding that, \u201cIt appears that an interim order of injunction was granted by the learned Civil Judge (Junior Division), 1st Court, Arambagh, Hooghly, in restraining the defendant nos. 1 to 6 from changing the nature and character and possession of 3 feet wide and 40 feet long common passage existing in between the suit plot by way of encroachment till the next date. It also appears that police authorities have taken some steps by initiating the proceeding under Section 107 of the Code. Any social boycott of a citizen or his family member has to be dealt with strictly by the Administration. This has no place in a civilized society. However, if any of the parties wants to establish any further right in respect of the property in question there shall be a liberty to do so before the Civil Court. None of the parties has any right to take law in his own hand. In view of the above and in the interest of justice, the respondent police authorities shall keep a sharp vigil at the locale, ensure that no breach of peace takes place and no order of a Civil Court is violated. Surveillance shall include frequent visits to the area by police patrol.<\/em><\/p>\n\n","protected":false},"excerpt":{"rendered":"

Sri Ranajit Mondal\u00a0 (petitioner) Vs.\u00a0 The State of West Bengal & Ors\u00a0 (respondent) W.P.A. 11715 of 2023 (Delivered by Jay Sengupta, J.)   Facts: The petitioner is the owner of the property in question. The private respondents are trying to disturb the possession and enjoyment of the property by the petitioners. The petitioner filed a […]<\/p>\n","protected":false},"author":1,"featured_media":1400,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-1398","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1398","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=1398"}],"version-history":[{"count":4,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1398\/revisions"}],"predecessor-version":[{"id":2162,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1398\/revisions\/2162"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/1400"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=1398"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=1398"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=1398"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}