Makim Ansari v. State Of West Bengal And ORS.

14.08.2025 W.P.A. 2019 of 2025 Item No.81 Ct. No.35 dc.

Makim Ansari versus The State of West Bengal & Ors.

Mr. Sougata Mitra, Mr. Nikhil Kumar Gupta, Ms. Soma Chakraborty, Mr. Subhadeep Maitra ... For the Petitioner.

Mr. Suman Ghosh, Mr. Sankha Prasad Roy ... For the State.

Mr. Ashis Kumar Paul ... For the Respondent Nos.6, 7 & 8. Petitioner is aggrieved by the fact that he has been thrown out from his property and to that effect, information was furnished. Earlier, the petitioner approached before this Court by filing a writ petition being WPA 14450 of 2021. However, in spite of such case being filed, petitioner is unable to enter and/or return back to his property.

Learned advocate appearing for the private respondent nos. 6, 7 and 8 submits that against the order passed in WPA 14450 of 2021, an appeal being MAT 104 of 2022 was preferred wherein it was directed that if the appellants have any civil right, then proper remedy available is to approach the competent court of civil jurisdiction and get the issue settled. Consequent to which, the private respondents filed a civil suit being T.S. No. 15 of 2025 before the learned Civil Judge (Junior Division), Raghunathpur.

State has submitted a report which reflects that earlier there was a criminal case being Para P.S. Case No. 106 of 2021 dated 02.08.2021, but a long standing land dispute is existing between the petitioner and the private respondents. To that extent, as and when information was received, proceedings were drawn up under Section 107 of the Code of Criminal Procedure.

In view of the submissions advanced on behalf of the petitioner and the private respondents, I am of the opinion that principally the dispute between the petitioner and the private respondents are private dispute and the police authorities have hardly any role to involve themselves. Accordingly, police authorities would only ensure that there is no violation of law and order.

With the aforesaid observations, the writ petition being WPA 2019 of 2025 is disposed of. There will be no order as to costs.

Report submitted by the State and the photostat copy of the order dated 28.07.2022 of MAT 104 of 2022 as also the photostat copy of the plaint of the civil suit be kept with the record. 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.)