Md. Mojibur Rahaman v. State Of West Bengal And ORS.

01.05.2025 WPA 8261 of 2025 Sl.No.

Court No. 35 Md. Mojibur Rahaman -VsThe State of West Bengal & Ors.

G.S.Das Mr. Prosenjit Mukherjee Ms. Babita Pramanik Mr. Raja Roy ... for the Petitioner(s) Ms. Sonal Sinha Ms. Ashmita Chakraborty Mr. Sandipan Das ... for the State-respondent(s) Mr. Mujibar Ali Naskar ... for the respondent no. 6 Learned advocate for the petitioner submits that he has been successful in the Civil Court.

On the other hand, the private respondent(s) submits that an appeal has been preferred.

Learned advocate for the petitioner submits that an information has been furnished to the police authorities in respect of seller of the property restraining the petitioner, who has purchased the property, from enjoying rights of cultivation

of the said property.

Each and every fact is disputed by the private respondent(s).

Learned advocate for the private respondent(s) submits that since the Appellate Court is already in seisin of the issues, the contentions made by the petitioner are full of suppression of facts as the respondent(s) are in possession of the property.

Be that as it may, this Court will not enter into the zone of possession, ownership, right, title, interest, occupation and usages of the land is concerned, these are the exclusive domain of the learned civil court.

However, the police authorities would ensure that if any civil court's order is existing, there should not be any violation of the same.

The police authorities would also ensure that there is no breach of the peace and/or tranquility

taking place as also no untoward incident resulting because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 8261 of 2025 is disposed of.

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

Report so submitted be kept with the record.

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.)