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Calcutta High CourtWPA/5380/2025disposed

Akanksha Agarwal v. State Of West Bengal And ORS.

2025-03-24Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 13 24.03.2025 Kausik ct.no.35 W.P.A. 5380 of 2025 Akanksha Agarwal

Versus

State of West Bengal & Ors.

Mr. Ranjan Saha Ms. Ankita Saha Mr. Masrur Ahamed ...for the petitioner.

Mr. Sanjay Mukherjee ...for the respondent nos. 9 to 11.

Mr. Suman Sengupta, Sr. Govt. Adv.

Ms. Amrita Panja Moulick ...for the state.

Affidavit of service filed be kept with the record.

Petitioner alleges that his property is being attempted to be encroached by the private respondents and for the said purpose there has been excavation on his land on the plea of construction of a drain.

Petitioner intended to resist the same when the private respondents threatened by brandishing fire arms and other deadly weapons.

Mr. Sengupta, learned advocate appearing on behalf of the State has submitted that the nature of the dispute is completely civil in nature and to that effect whenever police authorities have received

information in respect of breach of any peace and tranquility, steps have been taken under section 126 of the BNSS.

In view of the nature of the accusations petitioner is granted liberty to approach the jurisdictional civil/criminal court by invoking the relevant provisions of law.

Learned advocate for the private respondents disputes the contentions that the property belongs to the petitioner and submits that the encroachment is at the behest of the petitioner. Be that as it may, police authorities presently are directed to continue their surveillance and ensure that any untoward incident may not result because of the strained relationship existing between the parties.

With the aforesaid observations WPA 5380 of 2025 is disposed of.

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

(Tirthankar Ghosh, J.)