Bulu Sk. @ Seikh Bhulu Rahaman And ANR. v. The State Of West Bengal And ORS.

20.01.2025 W.P.A. 628 of 2025 Item No.32 Ct. No.35 dc.

Bulu Sk. @ Seikh Bhulu Rahaman & Anr.

versus The State of West Bengal & Ors.

Mr. Partha Sarathi Das, Ms. Shanta Sarkar ... For the Petitioners.

Ms. Jhuma Chakraborty, Ms. Arpita Mondal ... For the State.

Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar ... For the Respondent Nos.4 to 6.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioners and the private respondents.

The petitioners have approached this Court as they are unable to enjoy usufruct of their land. It has been also alleged that the private respondents are not adhering to the order passed by the civil court.

Learned advocate appearing for the private respondent nos. 4 to 6 submits that it is at their instance T.S. 71/2023 was initiated before the learned Civil Judge (Jr. Division), 1st Court, Kandi, Murshidabad.

Having considered that a direction was passed upon the Officer-in-Charge, Bharatpur

Police Station to implement the order of temporary injunction dated 12.02.2024, I direct that in case there is any issue relating to right, title, interest and possession particularly with regard to the cultivation which is the subject-matter of dispute as is revealed in the present stage, the police authorities may seek further clarification from the civil court.

So far as the report of the State is concerned, report reflects that because of the petitioners and the private respondents are at loggerheads, proceedings under Sections 126/135 of BNSS have been drawn up by the police authorities against the respondent no.4.

Having considered that the petitioners and the private respondents are at loggerheads, the police would continue to keep a strict vigil and ensure that no breach of the peace or tranquility takes place and/or any untoward incident results because of the strained relationship existing between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 628 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)