Sanjay Biswas v. State Of West Bengal And ORS.

16.07.2025 W.P.A. 4848 of 2024 Item No.782 Ct. No.35 dc.

Sanjay Biswas versus The State of West Bengal & Ors.

Mr. Mukteswar Maity, Ms. Manika Sarkar ... For the Petitioner.

Mr. Malay Singh, Ms. Neelam Singh ... For the State.

Mr. Subir Banerjee, Mr. Sandip Bandyopadhyay ... For the Respondent No.4. Report submitted by the learned advocate appearing for the State be kept with the record. The petitioner is aggrieved by the fact that as the representation advanced to the police authorities on or about 19.02.2024 was not taken into account and/or any steps taken. The petitioner complains of excesses at the behest of the private respondent no.4.

State has submitted a report which reflects that the present petitioner is in possession and the genesis of the dispute have its origin in a development agreement, there is hardly any scope for the police authorities to interfere.

Learned advocate appearing for the private respondent no.4 submits that already a civil suit is pending before the learned Civil Judge (Junior Division), 3rd Court, Alipore being Title Suit No. 335 of 2024 and a status quo order has been passed. The petitioner being confronted admitted that the petitioner is in possession of the property and

there has been no violation of the civil court's order till date.

Be that as it may, since the nature of the dispute has its genesis before the civil court, the police authorities would only act, if there is violation of law and order.

Accordingly, if information is furnished before the police authorities by the petitioner in respect of any excesses, police authorities would ensure that no untoward incident takes place because of the strained relationship existing between the parties. With the aforesaid observations, the writ petition being WPA 4848 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)