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Calcutta High CourtWPA/8538/2025disposed

Suresh Roy v. State Of West Bengal And ORS.

2025-05-05Hon'Ble Justice Tirthankar Ghosh3 pages

M/L 32 05.05.2025 Bpg.

ct.no.35 W.P.A.8538 of 2025 Suresh Roy

Versus

The State of West Bengal & Ors.

Mr. Golam Karim Chowdhury.

...for the petitioner.

Mr. Santanu Kumar Mitra Mr. Subhabrata Das.

...for the State-respondents.

Mr. Asfak Alam.

...for the respondent nos.12 to 14.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner has approached this Court as he complains that forcefully his land has been encroached and the market has been established over the said property. To that effect, information was furnished, but in spite of receipt of such information, no steps have been taken by the police authorities. Learned advocate for the State has submitted a report. Report reflects that from the Assistant Engineer, Basirhat Highway Sub-Division, PW (Roads) Directorate, a message was received for police help for demarcating the property of P.W.D. (Roads) at Nowapara. The police authorities have also submitted that the requisition was submitted to the office of the BL & LRO to fix up the date of demarcation of the

property in connection with letter received by the Assistant Engineer, Basirhat Highway Sub-Division. Report also reflects that on or about December, 2024, 42 to 50 small traders inaugurated a market on the said land.

Having considered that the petitioner complains of interference with peaceful enjoyment of his property, petitioner would approach the appropriate authority and/or the civil court for determination regarding his rights. Police authorities would oversee that there is no breach of the peace and/or tranquility and/or any untoward incident resulting because of the dispute and difference between the petitioner and the private respondent no.12 to 14.

With the aforesaid observations, WPA 8538 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)