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Calcutta High CourtWPA/6392/2025disposed

Rafiul Islam Mahalder @ Rafiul Islam v. State Of West Bengal And ORS.

2025-04-08Hon'Ble Justice Tirthankar Ghosh3 pages

08.04.2025 WPA 6392 of 2025 Sl.No.

Court No. 35 Rafiul Islam Mahalder @ Rafiul Islam -VsThe State of West Bengal & Ors.

G.S.Das Mr. Ibrahim Shaikh Mr. Subrata Mukherjee ... for the Petitioner(s) Mr. Santanu Kumar Mitra, ld. Sr. Govt. Adv.

Mr. Subhabrata Das ... for the State-respondent(s) Mr. Shahan Shah Mr. Soumen Barman Mr. U. Khan ... for the respondent nos. 10-13 The petitioner apprehends that he may be thrown away from his property at the behest of the private respondent nos.

10 to 13.

The petitioner approaches the police authorities, but, in spite of specific information being furnished, the police authorities refused to take action against the private respondents.

Learned advocate for the State and the private respondent nos. 10 to 13 are present.

Learned advocate for the private respondents submits that an application has been filed before the learned Executive Magistrate wherein directions were passed upon the Officer-in-charge of Nowda Police Station to maintain peace over the property.

Having considered the nature of the dispute complained of, I am of the opinion that until and unless, learned Civil Court passes necessary orders and/or directions, the police authorities would not be able to interfere in respect of the nature of the dispute referred to in the writ petition.

However, the petitioner, if so advised, would approach the jurisdictional civil court for necessary order(s). If there are any order(s) upon the police authorities, the police authorities would respect, obey and implement the order(s) of the learned civil court.

With the aforesaid observations, WPA 6392 of 2025 is disposed of.

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

Report so submitted be kept with the record.

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.)