Mahasen Sardar v. State Of West Bengal And ORS.

W.P.A. 771 of 2024 Mahasen Sardar.

VS The State of West Bengal & Ors.

Mr. Phiroze Edulji, Sr. Adv, Ms. Sanjana Saha, Ms. Banasree Misra.

...for the Petitioner.

Mr. Ansar Mondal, AGP, Mr. Md. Iddrish.

...for the State.

Petitioner is aggrieved by the fact that in spite of 15.07.2025 Court No. 35 M/L. No.758 Rakib informing the police authorities the private respondents have been encroaching the land of the petitioner and although the petitioner has approached the Civil Court wherein ad interim injunction was granted but no steps were taken by the police authorities.

Learned advocate appearing for the State on the other hand submits a report. Report reflects that the land which has been complained of was used as 'Eidgah' by the local community. However, the petitioner has been forcefully trying to raise his claim on the land. Be that as it may, since the police authorities are aware regarding the dispute and the representations which were submitted so far as the writ petition is concerned relate to August, 2023, I am of the view that the disputes complained of are to be adjudicated by the Civil Court. So far as the further contention of the petitioner is that informations have subsequently been

sent to the police authorities, I direct that in case the police authorities are of the opinion that there may be a crisis in law and order because of the act and action of the petitioner and the private respondents, they would ensure by taking appropriate action that no untoward incident results because of the inimical relationship between the petitioner and the private respondents. Accordingly, WPA 771 of 2024 is disposed of.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)