ASHIM KUMAR ROY, J. - (1.) THE writ petitioner intending to establish a distillery at a place located within the Garbeta Police Station applied for licence before the Excise Department. However no licence was granted.
(2.) IT is his further case that the local people having come to learn about the petitioner's initiative to establish a distillery, became very much hopeful that by establishment of such distillery they would get ample opportunity of job. However, when no licence was granted and consequently no distillery was established, the local people became agitated and without knowing the real reason behind it they became hostile to the petitioner. They started threatening the petitioner over phone. Those calls were received by the petitioner at his office situated within the territory of the Goriahat Police Station. The petitioner at once informed both the Garbeta Police Station as also the Gariahat Police Station. Since no action was taken by the police and having regard to the facts it involves the question of safety and security of the writ petitioner, he brought this writ application before this court with two fold prayers viz., a police posting at his place of business and police be directed to ascertain the identity of the callers and to take legal action against them. Already three months have elapsed from the date of filing of the writ application and seven months from the date of receipt of the last phone call. Admittedly, in between, no untoward incident happened. Therefore, petitioner's apprehension that his life and limb is at stake does not appear to be real. At the same time, the learned Counsel for the petitioner submitted that he was not pressing for any police posting. He further submitted that already the names of the subscriber of the mobile phone number 8158865286 has been furnished to him by the police. So far as the other mobile phone is concerned, namely, 8116104380, from the report submitted by the police, the identity of the subscriber has been ascertained. Therefore, he is not pressing for the second relief and the writ petitioner may be granted liberty to take appropriate legal action against those threat callers.
(3.) NOW having regard to the aforesaid development this writ application has lost its force and accordingly stands dismissed. The identity of the subscriber of the mobile phones from which the writ petitioner was getting threat call be furnished to him by the police if not already furnished. If so advised, the writ petitioner may proceed against the subscriber of the aforesaid two mobiles in accordance with law and for that no liberty is at all needed. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties on usual undertaking.;