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Calcutta High CourtWPA/8714/2025disposed

Ananda Kumar Biswas v. State Of West Bengal And ORS.

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

05.05.2025 W.P.A. 8714 of 2025 Item No.75 Ct. No.35 dc.

Ananda Kumar Biswas versus The State of West Bengal & Ors.

Mr. Debabrata Mondal, Ms. Sreetama Neogi, Ms. Ditipriya Mondal, Mr. Chinmay Mukherjee ... For the Petitioner.

Mr. Santanu Mitra, Ms. Anandamoyi Ghosh ... For the State.

Mr. Manas Kumar Das, Mr. Asraf Mondal ... For the Respondent No.6.

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 alleges that in spite of directions passed in T.S. Case No. 504 of 2023, the private respondents have been interfering and disturbing with the peaceful enjoyment of the property of the petitioner and as such, the petitioner is unable to peacefully cultivate the land which belongs to him. The petitioner also alleges that there has been violation of the order passed by the civil court and in spite of informing the police authorities, no steps have been taken.

State has submitted a report which reflects that police authorities have drawn up proceedings under Sections 126/135(3) of BNSS.

So far as the right, title and interest are concerned, the civil court will adjudicate the same. In case directions are passed upon the police authorities, the police authorities would render assistance and would respect, obey and implement the directions of the civil court.

Learned advocate appearing for the respondent no.6 submits that he is not a party to the pending civil suit and unnecessarily he has been embroiled with accusation made against him. Be that as it may, police authorities are aware regarding the case pending before the civil court. There are disputes regarding the revisional settlement record. As such, considering the nature of the dispute and difference so far as the enjoyment of the land is concerned, police authorities would ensure 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 petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 8714 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.)