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Calcutta High CourtWPA/7166/2024disposed

Narvdeshwar Singh v. State Of West Bengal And ORS.

2025-02-18Hon'Ble Justice Tirthankar Ghosh2 pages

18.02.2025 W.P.A. 7166 of 2024 Item No.28 Ct. No.35 dc.

Narvdeshwar Singh versus The State of West Bengal & Ors.

Md. Mansoor Alam ... For the Petitioner.

Mr. Ovik Sengupta ... For the State.

Mr. Pinaki Bhattacharyya, Mr. Amartya Mohan Bhattacharyya ... For the Respondent Nos. 5 & 6.

The petitioner complains that in his own land, he is trying to erect a boundary wall which is being resisted by the private respondents. To that effect, the petitioner complained to the police authorities, but the police authorities did not cooperate with the petitioner.

Learned advocate appearing for the private respondent nos. 5 and 6 complains that the petitioner under the garb of construction of boundary wall is attempting to encroach upon the property of the respondent nos. 5 and 6 and as such, there is a resistance from the private respondent nos. 5 and 6.

Learned advocate appearing for the State submits that since the nature of the dispute is civil in nature, the police authorities have no role to play in such circumstances.

Having considered the information which was filed with the police authorities, the petitioner would be at liberty to approach the jurisdictional

civil court. In case the jurisdictional civil court passes any direction, the police authorities would respect, obey and implement the order of the civil court.

The police authorities, in the meantime, would keep a strict vigil and ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the inimical relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 7166 of 2024 is disposed of. There will be no order as to costs.

All concerned parties shall act on the 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 supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)