Jahanara Molla v. The State Of West Bengal And ORS.

17.04.2025 W.P.A. 7315 of 2025 Item No.37 Ct. No.35 dc.

Jahanara Molla & Anr.

versus The State of West Bengal & Ors.

Mr. Golam Karim Chowdhury ... For the Petitioners.

Mr. Suman Ghosh, Mr. Siddhartha Ghosh ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioners.

The petitioners are aggrieved by the act and action of the private respondents which have changed the nature and character of the property belonging to the petitioners. To that effect, information was furnished to the police authorities and it was informed that when the petitioners intended to resist such illegal act and activities of the respondents, the petitioners were abused, harassed and also threatened. In spite of receipt of such information, no action has been taken by the police authorities. As such, the petitioners have approached this Court.

State has submitted a report which reflects that there are some concrete pillars which have been constructed at the land, but no construction has been raised. Police authorities have taken into

account and informed the private respondents not to proceed with the same. Proceedings have been drawn up under Section 126 of BNSS.

Having regard to the fact that police authorities without any direction from an appropriate authority or the civil court cannot interfere in respect of issues relating to property, I am of the view that the petitioners will approach the BL&LRO or the civil court for appropriate directions upon the police authorities in case the nature and character of the land has been changed. In the meantime, the police authorities would ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 7315 of 2025 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.)