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Calcutta High CourtWPA/1607/2022disposed

Abdul Chiddik Mistry And ORS v. State Of West Bengal And ORS.

2026-01-20Hon'Ble Justice Suvra Ghosh2 pages

jdt. 20.01.2026 jb.

WPA 1607 of 2022 (Abdul Chiddik Mistry & Ors. vs. State of West Bengal & Ors.) Mr. Lakshminath Bhattacharya .... For the Petitioners Mr. Sanatan Panja .... For the State Affidavit of service filed by the petitioners and the report submitted by the State are taken on record. Learned counsel for the petitioners submits that the petitioners have been severely assaulted and driven out of their property by the private respondents who are local people. The petitioners lodged complaints before the police authority in this regard. The first complaint has culminated in charge sheet. The second complaint is yet to be acted upon.

It appears from the report submitted by the State that there is a long standing dispute between the petitioners and the private respondents. The private respondents claim to be in possession of the property in question. The first complaint lodged by the petitioners has culminated in charge sheet upon completion of investigation and upon holding enquiry pursuant to the second complaint, no cognizable offence was found and prosecution under Section 126/135(3) of the BNSS was submitted against the private respondents.

The petitioners seek protection of their life and property. The dispute between the parties appears to be

civil in nature. The petitioners are at liberty to approach the appropriate civil forum for redressal of their grievance.

In the meantime, the police shall maintain strict vigil in the area in order to avoid any untoward incident in view of the strained relation between the parties and shall also ensure maintenance of peace and tranquility. The police shall render assistance/protection to the petitioners as and when sought.

The writ petition is accordingly disposed of. There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)