Abdul Rashid Khan v. State Of West Bengal And ORS.

D/L 8 11.04.2025 Kausik ct.no.35 W.P.A. 6606 of 2025 Abdul Rashid Khan

Versus

State of West Bengal & Ors.

Mr. Debapriya Samanta Mr. Samrat Ghosh ...for the petitioner.

Mr. Santanu Kumar Mitra, Sr. Govt. Adv.

Mr. Amartya Pal ...for the state.

Petitioner is aggrieved as the private respondents are forcibly trying to grab the property of the petitioner by encroaching the same and also raising illegal construction at the said site. To that effect, information was furnished to the local police station, but in spite of receiving the information police authorities did not take any steps.

Mr. Mitra, learned advocate appearing for the State submits that there has been a long standing land dispute existing between the petitioner and the private respondents.

Police authorities as and when called for have rendered their assistance and in order to restore peace and tranquility drew up proceedings under section 126 BNSS.

So far as the right, title, interest, usage and occupation of a property is concerned it would be for the civil court to determine the same.

The police authorities, until and unless directed by the civil court or any court of law, will not act in cases of property dispute.

Having considered the nature of accusations made in the writ petition as also the information, I direct that the police authorities would continue to oversee that no breach of the peace or tranquility takes place and/or any untoward incident results because of the strained relationship existing between the parties over the issues relating to the land which is the subject matter of the writ petition.

With the aforesaid observations WPA 6606 of 2025 is disposed of.

Report so submitted be kept with the record.

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.

(Tirthankar Ghosh, J.)