Monoj Das v. State Of West Bengal And ORS.

13.03.2025 W.P.A. 4779 of 2025 Item No.25 Ct. No.35 dc.

Monoj Das versus The State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna ... For the Petitioner.

Ms. Jhuma Chakraborty, Ms. Munmun Tewary ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The petitioner is aggrieved by the fact that the private respondents have been exercising their dominance and to that effect, they have raised illegal and unauthorised construction of a boundary wall.

To that effect, the private respondents are also threatening and abusing the petitioner and as such, the petitioner has no other option except to approach the police authorities for appropriate relief.

State has submitted a report which reflects that there is a tension prevailing and there is a chance of breach of the peace. As such, the police authorities on or about 04.01.2025 drew up proceedings under Section 126 of BNSS. So far as the issue relating to bamboo fencing is concerned at the land of the petitioner, the same was not

found. As the police authorities have already accepted there is a possibility of breach of the peace and they are overseeing the same for maintaining any public order, I direct that they would continue the same and would also ensure that no untoward incident results because of such strained relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 4779 of 2025 is 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.)