Abul Khayer Mola v. State Of West Bengal & ORS

16.05.2025 WPA 1975 of 2020 Sl.No.

Court No. 35 + CAN 1 of 2024 + CAN 2 of 2024 Abul Khayer Molla -VsThe State of West Bengal & Ors.

G.S.Das Mr. Amalendu Mondal Mr. G. C. Baidya Mr. Aminul Islam ... for the Petitioner(s) Mr. Asish Kr. Guha Mr. Benazir Ahmed ... for the State-respondent(s) CAN 2 of 2024 There is a delay of 867 days in preferring the restoration application.

The reasons so assigned are found to be just and sufficient.

Accordingly, CAN 2 of 2024 is Allowed.

CAN 1 of 2024 I have also perused the application for restoration.

Having regard to the reasons so assigned, I am of the view that the writ

petition should be restored to its original file and number.

Accordingly, CAN 1 of 2024 is Allowed.

WPA 1975 of 2020 The petitioner has approached this Court with a prayer for ensuring safety and security and for preventing any cognizable offence to be committed at the behest of the private respondents.

Learned advocate for the State submits a report which reflects that on the specific information furnished, Bhangar P.S.

Case No.

of was registered for investigation. Subsequently, charge-sheet has also been submitted before the jurisdictional Court.

There are other matrimonial disputes which are pending. The private respondents, according to the petitioner, are the cousins who have thrown him out of the residence.

If the petitioner is able to produce the documents that his premises is within the jurisdiction of Bhangar P.S. and is unable to enter because of aggression of the private respondents, the police authorities would render assistance to ensure that he can enter his residence.

However, it is clarified that the police authorities will not interfere with the possession of others as also ensure that no person is dispossessed from the property under the garb of entering the residence.

With the aforesaid observations, WPA 1975 of 2020 is disposed of.

Pending application(s), if 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.)