Chhamad Molla @ Samad Molla v. The State Of West Bengal And ORS.

05.03.2025 WPA 4206 of 2025 Sl.No.

Court No. 35 Chhamad Molla @ Samad Molla -VsThe State of West Bengal & Ors.

G.S.Das Mr. Shahan Shah Mr. Sk. Abumusa Mr. U. Khan ... for the Petitioner(s) Mr. Jaharlal De Mr. Saurav Chaudhuri ... for the State-respondent(s) The petitioner claims that after obtaining sanction plan, he intended to raise a construction but had been resisted by the private respondents.

It has been further alleged that the private respondents are flexing their muscles and in spite of informing the police authorities, no action has been taken.

State has submitted a report, which reflects that both the petitioner and the private respondent no.9 filed applications respectively under Section 163(2) of the BNSS before the learned

Executive Magistrate.

The learned Executive Magistrate directed status quo to be maintained. The police authorities, accordingly, have only been keeping strict vigil so that there is no law and order crisis.

Having considered that steps have been taken by the police authorities, I am of the view that the same is sufficient in respect of the circumstances complained of.

The petitioner, if he is aggrieved in respect of the construction being not allowed to be raised, will approach the learned civil court for appropriate direction(s). In case, such direction(s) is passed by the learned civil court including specific direction upon the police authorities, the police authorities will respect, obey and implement such order.

With the aforesaid observations, WPA 4206 of 2025 is disposed of.

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

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.

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.)