Mottakin Laskar And ORS v. State Of West Bengal And ORS.

08.07.2025 WPA 5170 of 2025 Sl.No.

Court No. 35 Mottakin Laskar & Ors.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. R. I. Sardar ... for the Petitioner(s) Mr. K. J. Yusuf, ld. AGP Mr. Parikshit Goswami ... for the State-respondent(s) Mr. Kallol Mondal, Sr Adv.

Mr. Krishan Ray Mr. Souvik Das Mr. Akbar Laskar ... for the respondent no. 4 Re The petitioners are aggrieved by the fact that the private respondent no.4 has no relationship with the property concerned and inspite of the same he is interfering because of his clout in the area.

Learned advocate for the State, on the other hand, submits a report which reflects that an enquiry was conducted.

Learned advocate for respondent no.4 submits that the property

is a Wakf property, as such, there is a dispute relating to the land in issue where the petitioners intend to raise construction. Learned advocate for petitioners disputes and denies contentions advanced on behalf of the respondent no.4.

However, from the report submitted by the police authorities, I find that in respect of ownership of the land and the construction of the boundary wall, there were serious law and order problem, documents - both of the petitioners and the respondent no.4, were directed to be produced before the police station. But, till date, none of them could produce their documents before the concerned police station.

The police authorities, however, have recorded the same as Domjur PS GDE No. 472 dated 07.03.2025 and have been keeping strict vigil over the area.

Having considered the nature of the dispute which has its genesis in respect of the land where boundary wall is said to be erected, police authorities are not appropriate authorities for deciding the same. They would only oversee that no untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 5170 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 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.)