Tayejddin Dewan v. The State Of West Bengal And ORS.

D/L 25 24.03.2025 Bpg.

ct.no.35 W.P.A.5446 of 2025 Tayejddin Dewan

Versus

The State of West Bengal & Ors.

Mr. Baidurya Ghosal Ms. Avipsha Dutta Roy Mr. Saikat Mukherjee.

...for the petitioner.

Mrs. Jhuma Chakraborty Ms. Munmun Tewary.

...for the State-respondents.

Affidavit of service filed by the petitioner be kept with the record.

Petitioner claims to be a recorded bargadar who is prevented from cultivating the land by the respondent no.4. It has also been pointed out that the civil suit is pending and a status quo order has been passed in his favour.

State has submitted a report. Report reflects that pursuant to the information furnished on 3rd February, 2025, State has already instituted Nabagram P.S.

Case No.136 of dated 07.03.2025 under the relevant sections of BNS. Having considered that the police authorities have already taken steps for violation of the provisions of law, I am of the view that in case the petitioner intends to have any police assistance for

the purposes of cultivation and/or harvesting the crops, petitioner would approach the civil court already in seisin of the same. If the civil court passes any directions, the police authorities would respect, obey and implement the order passed by the civil court. In the meantime, police authorities would ensure that there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the strained relationship existing between the parties.

With the aforesaid observations, WPA 5446 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)