Abdul Majid Mondal And ORS. v. State Of West Bengal And ORS.

D/L 6 11.04.2025 Kausik ct.no.35 W.P.A. 6495 of 2025 Abdul Majid Mondal & Ors.

Versus

State of West Bengal & Ors.

Mr. Md. Harun All Rashid Ms. Reshmi Khatun ...for the petitioners.

Mr. Sourav Sen, Sr. Adv.

Ms. Adrisnata Chakraborty ...for the private respondents.

Mr. Wasim Ahmed Mr. Md. Shehabuddin ...for the state.

Petitioner is aggrieved by the fact that the private respondents are disturbing and interfering with the peaceful enjoyment of the property of the petitioner, particularly the dwelling house where the present petitioners are residing. Petitioners claim that the same is because the private respondents are unsuccessful in the civil suit.

Learned advocate appearing for the private respondents, on the other hand, submits that a restoration application has already been filed before the jurisdictional court. Steps are being taken and the said civil litigation can be considered to be pending.

State has submitted a report. Report reflects that proceedings have been drawn under sections 126/135 of the BNSS.

Be that as it may, since the dispute and difference have a completely civil flavor, this court will not enter into the domain regarding the right, title, interest, possession and usage of the property neither would the police authorities do the same until and unless directed by a court of law.

The police authorities however would for the time being ensure that there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the strained relationship existing between the parties.

With the aforesaid observations WPA 6495 of 2025 is disposed of.

Report so submitted be kept with the record.

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

(Tirthankar Ghosh, J.)