Santosh Kumar Bhakat v. The State Of West Bengal And ORS.

D/L 19 21.02.2025 Bpg.

ct.no.35 W.P.A.3174 of 2025 Santosh Kumar Bhakat

Versus

The State of West Bengal & Ors.

Mr. Kingsuk Mondal.

...for the petitioner.

Mr. Suman Ghosh Mr. Pradipta Siddhanta.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that he is unable to construct the boundary wall as he is resisted by the private respondent nos.9 to 22. State has submitted a report. Report reflects that there was a dispute and, as such, proceedings have been drawn up under Sections 126/135(3) of the BNSS.

I have considered the nature of the representation made to the police authorities and is of the opinion that the police authorities do not have suo motu power to render such assistance. Further, if the petitioner approaches the B.L. & L.R.O. regarding the demarcation of the property, the concerned B.L & L.R.O. would inform both the petitioner and the private respondents and if a decision is arrived at, the

B.L. & L.R.O. will pass necessary directions upon the police authorities. The police authorities would respect, obey and implement the order of the B.L. & L.R.O. until and unless the same is modified, varied and/or set aside by a higher forum or the authority. With the aforesaid observations, WPA 3174 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)