Md. Luthful Haque v. The State Of West Bengal And ORS.

05.03.2025 WPA 4185 of 2025 Sl.No.

Court No. 35 Md. Luthful Haque -VsThe State of West Bengal & Ors.

G.S.Das Mr. Anirban Datta Mr. Sanjib Kumar Dan Mr. Md. Muslehuddin ... for the Petitioner(s) Mr. Suman Ghosh Mr. Arka Mondal ... for the State-respondent(s) Mr. Tapodip Gupta Mr. Pradip Kumar Kundu ... for the respondent nos. 4, 5 &6 The petitioner submits that a representation was made to the Inspectorin-charge of Beldanga Police Station in respect of obstruction and encroachment in free egress and ingress of his pathway.

The grievance of the petitioner is that in spite of a status quo order being passed by the learned Executive Magistrate, the private respondents have been pursuing their illegal activities by obstructing the pathway.

State has submitted a report

which speaks that a notice has been served upon the private respondents directing them to maintain status quo over the pathway which was the subject-matter before the learned Executive Magistrate.

The report also speaks that the police authorities have been keeping strict vigil.

Learned advocate for the private respondents disputes the contentions regarding any obstruction being created in free egress and ingress of the pathway concerned and/or on any land referred to in the writ petition by way of encroachment.

If there is any dispute in regard to right, title, interest, possession and usages of the property concerned, the petitioner and the private respondents would approach the learned civil court for necessary directions. None of the parties would take the law in their own hands.

Since the police authorities have

already been keeping strict vigil, they would continue their surveillance and ensure that no breach of the peace and tranquility takes place as also no untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 4185 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copies of the report be handed over to the learned advocates for both the parties.

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.)