Basudeb Halder And ANR. v. The State Of West Bengal And ORS.

24.04.2025 WPA 1811 of 2025 Sl.No.

Court No. 35 Basudeb Halder & Anr.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Anirban Saha Ray ... for the Petitioner(s) Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar ... for the State-respondent(s) At paragraph of the representation dated 16.12.2024, it was stated as follows:

"21. That presently on 02.12.2024 all the aforesaid came to the schedule property and had filled up some portion of the said water body and had also accumulated huge building materials and masons and labourers with an intention to raise construction thereon."

This Court directed the State to submit a fresh report after conducting an enquiry.

Consequently, the Inspector-incharge of Kultali Police Station, Baruipur Police District conducted an enquiry which reflects that no building materials have

been accumulated in the scheduled property; no construction was going on and, no such preparation could be seen at the scheduled property. To that effect, few photographs have been attached.

It has further been contended that the house of the writ petition is under lock and key and on repeated efforts also the police authorities could not reach out to the petitioner. On an enquiry from the local people, it was learnt by the police authorities that the petitioner for his avocation along with his family members stays at Kerala.

Be that as it may, the police authorities would ensure that the civil court's decree is not violated and the petitioners are not subjected to any harassment and/or humiliation which may result in any untoward incident.

If the petitioners face any other inconveniences in respect of the property,

they would contact with the Inspector-incharge of Kultali Police Station, Baruipur Police District who would ensure that there is no violation of the decree passed by the learned Civil Court to the extent that the water-body is attempted to be filled up and/or the nature and character of the said property is altered.

With the aforesaid observations, WPA 1811 of 2025 is disposed of.

Pending application(s), is any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)