Soharab Hossain And ANR. v. State Of West Bengal And ORS.

05.05.2025 W.P.A. 8435 of 2025 Item No.12 Ct. No.35 dc.

Soharab Hossain & Anr.

versus The State of West Bengal & Ors.

Mr. Muhammad Obaid ... For the Petitioners.

Mr. Joydip Banerjee, Ms. Subhra Nag ... For the State.

Mr. Atarul Hoque Molla, Mr. Husen Mustafi ... For the Respondent No.8.

Affidavit-of-service and supplementary affidavit filed on behalf of the petitioners be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioners and respondent no.8.

The petitioners are aggrieved by the conduct of the private respondents who are trying to forcefully grab the property of the petitioners and when such illegal acts of the private respondents are resisted, the petitioners are subjected to abuse and they are also threatened.

Learned advocate appearing for the private respondent no.8 submits that a status quo order has been passed in T.S. No. 79/2023. Consequently the police authorities have kept a vigil. The incidents complained of regarding abuse and

threatening have no factual foundation and have been alleged for creating a fake cause of action. State has submitted a report which reflects that series of litigations are pending between the parties and for a considerable period of time, police authorities are having the know-how regarding the dispute. Last of the proceeding under Section 126 of BNSS was drawn up on 05.04.2025.

Considering the fact that the police authorities are already in seisin of the issue, I direct the police authorities to oversee that no untoward incident results because of the strained relationship existing between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 8435 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.)