Partha Dey And ANR. v. State Of West Bengal And ORS.

D/L 95 24.02.2025 Kausik ct.no.35 W.P.A. 3489 of 2025 Partha Dey & Anr.

Versus

The State of West Bengal & Ors.

Mr. Subhadeep Chatterjee Ms. Arpita Kundu ...for the petitioner.

Mr. Ashim Kr. Ganguly, Sr. Adv.

Mr. Tarak Karan ...for the state.

Petitioner is aggrieved by the fact that the adjacent land owner is creating obstruction and disturbance in construction of the boundary wall. Learned advocate also submits that the police authorities were informed. However, the private respondents were adamant in carrying out their activities and the police authorities did not respond to his representation.

State has submitted a report. Report reflects that police authorities have initiated proceedings under section 126/135 of the BNSS on receipt of the information.

Be that as it may, construction of boundary wall and the issues arising out of the same are exclusively domain of the Revenue Officer concerned and/or the civil court.

Since an alternative and efficacious remedy is available to the petitioner, this court will not interfere with the same.

Police authorities would only ensure that there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the strained relationship between the parties.

With the aforesaid observations WPA 3489 of 2025 is disposed of.

Report so submitted be kept with the record.

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.

(Tirthankar Ghosh, J.)