Ashok Lal Yadav v. State Of West Bengal And ORS.

D/L 112 24.02.2025 Bpg.

ct.no.35 W.P.A.3686 of 2025 Ashok Lal Yadav

Versus

The State of West Bengal & Ors.

Ms. Papiya Chattopadhyay.

...for the petitioner.

Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee.

...for the State-respondents.

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

Petitioner complains that the petitioner is being deprived of enjoying his property at the behest of the private respondents. To that effect, information was furnished not only to the local police station but also to the superior officers. It was categorically alleged that the private respondents were abusing the petitioner and also threatening the petitioner of dire consequences including murdering him. In spite of the same being informed the police authorities refused to take any steps.

State has submitted a report prepared by the Inspector-in-Charge, Ratua Police Station. It reflects that the police authorities have drawn up proceedings under Section 126 of BNSS on or about 25.01.2025 on receipt of such information.

It has been contended that a long standing dispute is existing between the petitioner and the adjacent neighbours and, as such, whenever dispute and difference arose, police have always tried to maintain peace and tranquility in the area.

Having considered the nature of the dispute, I am of the view that the petitioner would approach the learned jurisdictional Magistrate under the relevant provisions of law. Petitioner will also be at liberty to approach the appropriate authorities for the remedies available. However, police authorities would require an appropriate authority or a court of law to direct them to act in a particular manner. For the time being, the police authorities would continue to keep their surveillance and ensure that no breach of peace and/or tranquility takes place and/or any untoward incident takes place because of the strained relationship.

With the aforesaid observations, WPA 3686 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.)