Calcutta High CourtWPA/6052/2025disposed

Bhaktipada Gayen v. State Of West Bengal And ORS.

2025-04-02Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 14 02.04.2025 Kausik ct.no.35 W.P.A. 6052 of 2025 Bhaktipada Gayen

Versus

State of West Bengal & Ors.

Mr. Supriyo Chattapadhyay Mr. Sudip Kumar Maiti Ms. Debasree Chatterjee ...for the petitioner.

Mr. Mujibar Ali Naskar Mr. Sandip Kr. Mondal ...for the private respondent nos. 5 to 10.

Mr. Sirsanya Bandopadhyay, Sr. St. Counsel Mr. Debopriyo Karan ...for the state.

Petitioner is aggrieved by the fact that he is neither allowed to cultivate nor harvest his crops. Further he is prevented from free egress and ingress in his property at the behest of the private respondents, although the BL&LRO has passed appropriate orders in respect of demarcation of the property. The private respondent happens to be an adjacent land owner. There is a difference and dispute between the petitioner and the private respondents.

Having considered that the petitioner's claim is that he is unable to enter the property presently, as he is resisted by the private

respondents and the records reflect that the petitioner and the private respondents are relations. Further petitioner and the respondent no. 5 happen to be own brothers.

Considering the same I direct that in case there is any dispute and difference which is blown out of proportion, police authorities would assess the same and ensure that no untoward incident results because of the existing strained relationship between the parties.

Petitioner, if he is faced with resistance in respect of the property complained of which he claims belongs to him, he would approach the appropriate jurisdictional civil court for necessary orders. The concerned court will pass directions in accordance with law including directions upon the police authorities concerned.

With the aforesaid observations WPA 6052 of 2025 is disposed of.

Report so submitted be kept with the record.

Copy of the report be handed over to both the parties.

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

(Tirthankar Ghosh, J.)