Kalpana Hazra And ANR. v. State Of West Bengal And ORS.

05.05.2025 W.P.A. 8454 of 2025 Item No.16 Ct. No.35 dc.

Smt. Kalpana Hazra & Anr.

versus The State of West Bengal & Ors.

Mr. Shahen Shah, Mr. Aninda Bhattacharyya, Mr. Soumen Barman, Sk. Abumusa ... For the Petitioners.

Mr. Swapan Banerjee, AGP, Mr. Diptendu Narayan Banerjee ... For the State. Mr. Dhananjay Nayak ... For the private Respondents.

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. A copy of the report be handed over to the learned advocates appearing for the petitioners and the private respondents.

The petitioners contend that earlier the petitioners have approached this Court. However, in spite of direction passed in WPA 20975 of 2022, petitioners have been facing the same inconveniences.

Learned advocate appearing for the State submits that on receipt of the information, police authorities have earlier registered a case being Moyna P.S. Case No. 266/2022 and on conclusion of investigation, charge-sheet has been submitted before the jurisdictional court.

Learned advocate appearing for the private respondents submits that the dispute complained of is a civil dispute and a long standing dispute is existing between the petitioners and the private respondents.

The earlier order passed by this Court in WPA 20975 of 2022 reflects that in the direction passed by the coordinate Bench on 10.01.2023, there was a direction to approach the civil court.

Learned advocates appearing for the petitioners and the private respondents submit that none of the parties till date approached the civil court. However, admittedly there is a dispute existing between the petitioners and the private respondents. Accordingly, the police authorities would oversee that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioners and the private respondents.

Needless to state that since no affidavits have been called for, the accusations made against the private respondents and/or the State-respondents are deemed not to have been admitted.

With the aforesaid observations, the writ petition being WPA 8454 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.)