Ashoke Mondal v. The State Of West Bengal And ORS.

D/L 27 02.04.2025 Bpg.

ct.no.35 W.P.A.6144 of 2025 Ashoke Mondal

Versus

The State of West Bengal & Ors.

Mr. Jayanta Mukherjee.

...for the petitioner.

Mr. Santanu Mitra Ms. Anandamoyi Ghosh.

...for the State-respondents.

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

Petitioner is aggrieved by the fact that he is being obstructed in raising construction in spite of his name appearing in the record of right and a sanction plan being granted by the panchayat authorities. Petitioner contends that the respondent no.4 happens to be his brother who is creating the disturbance.

State has submitted a report. Report reflects that whenever complains have been received, police authorities have registered cases. There has been prosecution under Sections 126/135 of the BNSS. Lastly, on 7th December, 2024 police authorities have kept a strict vigil. They would continue to ensure that no untoward incident results because of the strained relationship existing between the parties.

So far issues relating to construction is concerned, petitioner would obtain permission from the appropriate authorities or the appropriate civil court having jurisdiction over the Basanti Police Station. In case such an application is made and the police authorities are directed, police authorities would take steps in accordance with law.

With the aforesaid observations, WPA 6144 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)