Jamser Fakir @ Jamser Ali Fakir v. State Of West Bengal And ORS.

01.05.2025 W.P.A. 8317 of 2025 Item No.226 Ct. No.35 dc.

Jamser Fakir @ Jamser Ali Fakir versus The State of West Bengal & Ors.

Mr. Debashis Banerjee, Mr. Rakesh Jana ... For the Petitioner.

Mr. Suman Ghosh, Mr. Sankha Prasad Roy ... For the State.

Mr. Mrinal Kanti Ghosh, Mr. Chandra Nath Sarkar ... For the Respondent Nos. 5, 7 & 10.

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. The petitioner is aggrieved by the fact that in spite of temporary injunction order being passed in respect of the possession of the suit property by the learned Civil Judge (Jr. Division), 1st Court, Baruipur in T.S. No. 14 of 2016 there has been interference at the behest of the private respondents. To that effect, information was furnished at Jibantala Police Station.

Learned advocate appearing for the private respondent nos. 5, 7 and 10 submits that the civil court is in seisin of the issues and it would be in the fitness of the circumstances for the civil court to adjudicate, if consequent to the order passed by the civil court there has been any violation or dereliction of such order.

State has submitted a report which reflects that the proceedings have been drawn up under Sections 126/135 of BNSS. Having considered that a civil dispute relating to land is existing and the petitioner complains of interference and disturbance, I am of the view that the police authorities would only oversee that no breach of the peace and/or tranquility takes place and/or any untoward incident results because of the strained relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 8317 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.)