Muslima Bibi v. State Of West Bengal And ORS.

D/L 58 19.02.2025 Kausik ct.no.35 W.P.A. 2692 of 2025 Muslima Bibi

Versus

State of West Bengal & Ors.

Mr. Saumitra Banerjee ...for the petitioner.

Ms. Shohini Chakrabarty Ms. Prajaaini Das ...for the respondent nos. 5 to 8.

Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar ...for the state.

Learned advocate appearing for the petitioner is aggrieved by the fact that he intends to raise a boundary wall which is being resisted by the private respondents. To that effect, repeated intimations have been furnished with the police station. However, the police station did not respond to the same.

Mr. Basu, learned advocate appears on behalf of the State and submits that the civil court has passed preliminary decree in favour of the private respondents, as such the police authorities are not in a position to act without a specific order from the appropriate authority or the appropriate court of law. Learned advocate appearing for the private respondents submits that the petitioners do not have

any title over the property and in spite of that they are trying to flex their muscles and raise construction without having any authority of law.

Be that as it may, the nature of the dispute do not call for any interference from the police authorities. However, having regard to the fact that the petitioner and the private respondents are at loggerhead, the police authorities would keep a strict vigil and ensure that no breach of the peace and/or tranquility takes place and/or any untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations WPA 2692 of 2025 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)