Haribala Dey And ANR. v. State Of West Bengal And ORS.

D/L 63 31.01.2025 Bpg.

ct.no.35 W.P.A.1406 of 2025 Haribala Dey & Anr.

Versus

The State of West Bengal & Ors.

Mr. P.K. Bhattacharyay.

...for the petitioners.

Mr. Naba Kumar Das Ms. Keya Sutradhar.

...for the State-respondents.

Mr. Mukteswar Maity Mr. Prabir Rej Ms. Nupur Chaudhuri.

...for the private respondent nos.4 & 5.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners complain that they approached the police authorities as the private respondents are disturbing their peaceful enjoyment of property both relating to possession and other activities.

Learned advocate for the private respondents disputes such contentions.

Since the primary grievance of the petitioners is that police did not render appropriate assistance, they have approached this Court.

Report submitted by the Inspector-in-Charge, Nadanghat Police Station reflects that presently no problem is prevailing at the locality and the police

authorities are vigilant.

An enquiry is being conducted by the police authorities under Section 174(2) of the BNSS. Police authorities have also interacted with the petitioners/complainants assuring all sorts of legal assistance if they are pushed in a position where they would feel insecure because of the act and action of the private respondents. In view of the police authorities being vigilant, I am of the opinion that presently there is no requirement of any direction being passed upon the police authorities. However, if the petitioners are aggrieved still, they would be at liberty to approach the jurisdictional Magistrate by invoking the relevant provisions of law. In the meantime, it is directed that since the police authorities are already keeping a vigil they would continue the surveillance so that no breach of peace takes place at the locale and any untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 1406 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)