Kartick Bhanja v. State Of West Bengal And ORS.

20.03.2025 WPA 7556 of 2023 Sl.No.

Court No. 35 Kartick Bhanja -VsThe State of West Bengal & Ors.

G.S.Das Mr. Koushik Banerjee ... for the Petitioner(s) Ms. Sonal Sinha Ms. S. Farooqui ... for the State-respondent(s) Affidavit-of-service so filed be kept with the record.

The main grievance of petitioner is that he was raising a construction but was unable to proceed with work as same was obstructed by the private respondents. To that effect, the petitioner approached the learned Executive Magistrate as well as the police authorities. However, the police authorities did not take any steps as such, the petitioner was compelled to approach this Court.

Learned advocate for the State is

present.

From the documents enclosed with the writ petition, I find that last of the information was sent to police authorities on 25.01.2023.

It would be pertinent to state that in respect of right, title, interest, usages and possession of the property, the civil court is the appropriate court for dealing with the same, the police authorities have no right to interfere until and unless they are authorized by the court concerned to implement a particular order.

Since petitioner has not approached the learned civil court till date, petitioner, if so advised, would approach the jurisdictional civil court. In case, any direction is passed by the learned civil court, the police authorities would respect, obey and implement such order.

In meantime police

authorities would ensure that no breach of the peace and/or tranquility takes place as also no untoward incident resulting because of strained relationship existing between the parties.

With the aforesaid observations, WPA 7556 of 2023 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)