Jiarul Islam v. State Of West Bengal And ORS.

D/L 88 29.01.2025 Bpg.

ct.no.35 W.P.A.1555 of 2025 Jiarul Islam

Versus

The State of West Bengal & Ors.

Mr. Sagar Saha Mr. Hamidur Rahaman.

...for the petitioner.

Mr. Suman Sengupta Mr. Sambuddha Dutta.

...for the State-respondents.

Mr. K. Mondal Mr. Md. G.N. Imrohi.

...for the private respondents.

Petitioner complains that his property is being encroached at the behest of the private respondents. To that effect, the respondents intent to attack and assault the petitioner.

State has submitted a report which incorporates that appropriate proceedings under Section 126/135 of BNSS have been drawn up for maintaining peace and tranquility in the area. Learned advocate for the private respondents submits that a civil suit being Title Suit No.61 of 2024 has been preferred and which is pending before the civil court.

Be that as it may, I direct the police authorities would ensure that none of the parties

would take law in their own hand and nobody should be dispossessed without due process of law. It would be the civil court which will decide the right, title, interest and possession of the property. Police authorities have already drawn up proceedings under the relevant provisions of law, they would continue to keep surveillance and ensure that no breach of the peace or tranquility takes place and/or any untoward incident results because of strained relationship between the petitioner and the private respondents. With the aforesaid observations, WPA 1555 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.)