Moumita Maity Das v. State Of West Bengal And ORS.

S/L 70 31.01.2025 Court No.35 SD/Susanta WPA 1800 of 2025 Moumita Maity Das Vs.

The State of West Bengal & Ors.

Mr. Golam Mostafa Mr. Tarasankar Samanta Mr. Kazi Arif Iqbal ... for the Petitioner.

Mr. Suman Ghosh Mr. Sankha Prasad Roy ... for the State.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner complains that her brother being the respondent no.5 is trying to occupy the ancestral property by force and to that extent he has been threatening her with dire consequences including murder. The petitioner informed the incident to the Officer-inCharge, Belda Police Station, but till date no action has been taken by the police authorities.

Learned advocate for the State has submitted a report. The report reflects that police has drawn up a proceeding under Section 126 BNSS. The police authorities have also kept strict vigil.

However, the enquiry report reflects that the police authorities are of the view that since the title suit being T.S. 205 of 2024 is pending before the learned Civil Judge (Junior Division), Dantan, Paschim Medinipur. The dispute relating to the property is to be addressed by the civil court.

I have considered the submissions and from the report I also find that an application under Section 175(3)

of the BNSS was preferred before the learned ACJM, Dantan. However, the same has not been pursued and dismissed.

In view of the present set of circumstances, I direct the police authorities would continue to keep strict vigil and ensure that no breach of peace and tranquility takes place or any untoward incident results because of the inimical relationship existing between the parties. With the aforesaid observations, WPA 1800 of 2025 is disposed of.

The report, so submitted by the learned advocate for the State, be kept with the record and the same be handed over to the learned advocate 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.)