Biswarup Das v. State Of West Bengal And ORS.

28.03.2025 WPA 5766 of 2025 Sl.No.

Court No. 35 Biswarup Das -VsThe State of West Bengal & Ors.

G.S.Das Mr. D. S. Banerjee Mr. S. Shasmal ... for the Petitioner(s) Mr. Swapan Banerjee, ld. AGP Mr. Soumen Chatterjee ... for the State-respondent (s) Mr. Gouranga Kr. Das Ms. Poulami Dutta ... for the respondent no. 4 Affidavit-of-service so filed be kept with the record.

The petitioner and the private respondents are at loggerheads over the enjoyment of the property. While the petitioner claims that the private respondents are raising construction on the land, on the other hand, the private respondents, who claim to be the actual owners of the property/land, submit that the petitioner has no locus to challenge the construction which is being carried out

at their own land.

State has submitted a report which reflects that there are number of criminal cases pending inter se the parties.

Having considered that the petitioner and the private respondents are at loggerheads, I direct that both the parties, if they have any dispute in respect of ownership and usages of the property/land, would approach the jurisdictional civil court for appropriate directions. The police authorities will not interfere with the same.

Interference of the police authorities would be restricted only to ensure that there is no breach of the peace and/or tranquility taking place as also no untoward incident resulting from the inimical relationship existing between the parties as is reflected from the report submitted by the Officer-in-charge of

Pathar Pratima Police Station.

With the aforesaid observations, WPA 5766 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copy of the report be handed over to the learned advocate for the petitioner.

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.)