Sirajul Molla v. State Of West Bengal And ORS.

02.04.2025 WPA 5742 of 2025 Sl.No.

Court No. 35 Sirajul Molla -VsThe State of West Bengal & Ors.

G.S.Das Mr. Subendu Banerjee Mr. Samar Kr. Pal Mr. Mohit Kr. Dey ... for the Petitioner(s) Mr. Somnath Ganguli, ld. AGP Ms. Sangeeta Roy ... for the State-respondent (s) Mr. Debarati Roy Chowdhury Mr. Baibhav Roy ... for the respondent Nos. 4 - 8 The petitioner is aggrieved by the fact that he is raising construction on his property and is being restrained by the private respondent nos. 4 to 8.

The petitioner also complains that already the Revenue Authorities have demarcated the property and, in spite of the same, the private respondents are unnecessarily interfering with the construction.

State has submitted a report which reflects that a title suit being T.S.

349 of 2024 is pending before the learned Civil Judge (Jr. Divn.), Basirhat, North 24 Parganas.

In view of the learned Civil Court is already in seisin of the issues, the petitioner would, if so advised, approach the learned Civil Court for necessary directions so far as the construction is concerned.

The report also speaks that the police authorities have already drawn up a proceeding under Section 126 of the BNSS on or about 24.03.2025.

Having considered the same, I direct the police authorities to keep a strict vigil and ensure that no breach of the peace and/or tranquility taking place as also no untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 5742 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.)