Alam Sk. v. State Of West Bengal And ORS.

25.11.2024 W.P.A. 7991 of 2024 Item No.30 Ct. No.35 dc.

Alam Sk.

versus The State of West Bengal & Ors.

Mr. Srikanta Datta, Mr. Prodyot Kumar Ray ... For the Petitioner.

Mr. Suman Sengupta, Mr. Dwaipayan Basu Mallick ... For the State.

Mr. Omar Faruk Gazi, Md. Mushehuddin, Ms. Susmita Das ... For the private Respondents.

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

Petitioner is aggrieved by the fact that his enjoyment in respect of the property which he has purchased is being jeopardized at the behest of the private respondent nos. 5 to 9.

Learned advocate appearing for the private respondents disputes and denies such contentions of the petitioners both regarding the issues relating to harassment as well as relating to title of the property belonging to the petitioner.

Mr. Sengupta, learned advocate appearing for the State contends that the police authorities have put in efforts for maintaining law and order and proceedings have been drawn up under Section 107 of the Code of Criminal Procedure.

Having regard to the submissions made by the State and the nature of dispute existing, I direct that so far as the right, title and interest of the

property is concerned, the same would be consideration of the jurisdictional civil court or its higher forum. So far as this Court is concerned, this Court directs the police authorities to keep a strict vigil and ensure that no breach of peace and/or tranquility takes place in respect of the subject property referred to in the writ petition and also take into account that no untoward incident takes place as the petitioner and the private respondents are presently at loggerhead.

With the aforesaid observations, the writ petition being WPA 7991 of 2024 is disposed of. There shall 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.)