Monir Ahamed Khan And ORS. v. The Inspector-In-Charge, Slar Police Station And ORS
02.04.2025 Ct. No.35 pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 6189 of 2025 Monir Ahamed Khan & Ors.
v.
The Inspector-in-Charge, Salar Police Station & Ors. Mr. Monir Ahamed Khan Mr. Ibrahim Shaikh Mr. Subrata Mukherjee ... For the petitioners Mr. Joydip Banerjee Mr. Raja Ram Banerjee ... For the State Mr. Md. Mokaram Hossain Mr. Md. Naimul Islam Mr. K.P. MUkhopadhyay Mr. Soumen Gayen ... For the respondents Affidavit of service so filed by the petitioners be kept with the record.
Petitioners are aggrieved by the fact that the private respondents are trying to encroach their properties in spite of having the title over the property. Petitioners further claim that only the application for injunction has been rejected in connection with PS Case No.205 of 2021.
Learned advocate appearing for the private respondents, on the other hand, submits that the accusation made in the writ petition is frivolous. There is long standing land dispute existing between the
petitioners and the private respondents which the petitioners have distorted for the purposes of invoking jurisdiction of this Court.
Learned advocate for the State has submitted a report. The report reflects that proceedings have been drawn up under Section 126 of the BNSS and the police authorities are trying to maintain peace and tranquility. In view of the steps taken by the police authorities, I direct the police authorities to continue their surveillance and ensure that no untoward incident takes place because of the inimical relationship existing between the parties.
Since the civil court is already in seisin of the dispute so far as the right, title, interest, usage and occupation of the property is concerned, the parties would approach the civil court for necessary direction. With the aforesaid observation, WPA 6189 of 2025 is disposed of.
Report as submitted by the learned advocate for the State be kept with the record.
Copies of the report be circulated amongst the parties.
All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.
(Tirthankar Ghosh, J.)