Subhajit Mondal And ORS. v. The State Of West Bengal And ORS.

W.P.A. 7942 of 2025 Subhajit Mondal & Ors.

VS The State of West Bengal & Ors.

Mr. Amitava Karmakar, Mr. Pradip Kr. Neogi, Mr. Anirban Saha.

...for the Petitioners.

Mr. Sandip Chakraborty, Mr. Kaustav Das.

...for respondent nos.6 to 10.

Mrs. Jhuma Chakraborty, Sr. Govt. Adv., Ms. Munmun Tewary.

...for State.

Affidavit-of-service filed by the petitioners be kept 29.04.2025 Court No. 35 Item No.13 Rakib with the record.

Petitioners and the private respondents have dispute over a property, while the petitioners submit that the private respondents are trying to encroach upon a portion of the shop.

On the other hand learned advocate for the private respondents submit that the petitioners have been encroaching upon their land and trying to grab the property.

State has submitted a report. Report reflects that a mass petition was filed by the petitioners and subsequently apprehending breach of the peace.

Prosecution under Sections 170/126 of BNSS has been submitted vide Garhbeta PS NCR No. 120/25 and Garhbeta PS NCR No. 154/25. Police authorities have

directed both the parties to maintain peace and tranquility in the area.

In view of the nature of the dispute relating to title over the property, I am of the view that the Civil Court would be the appropriate forum for canvassing such issues and the police authorities are not empowered to deal with the same.

So far police authorities are concerned they would ensure continuing the surveillance and prevent any untoward incident because of the strained relationship existing between the parties.

With the aforesaid observations WPA 7942 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

A copy of the report be handed over to learned advocate for the petitioners.

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.)