← Library
Calcutta High CourtWPA/9139/2025disposed

Rina Mondal And ANR. v. State Of West Bengal And ORS.

2025-05-07Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 9139 of 2025 Rina Mondal & Anr.

VS The State of West Bengal & Ors.

Mr. Nirmalendu Bera, Ms. Tanima Nandy, Ms. Gopa Das.

... for the Petitioners.

Mr. Amit Kr. Ghosh.

...for respondent nos.4 to 9.

Mr. Rajarshi Basu, Mr. Subhendu Sengupta.

...for State.

Affidavit-of-service filed by the petitioners be kept 07.05.2025 Court No. 35 Item No.13 Rakib with the record.

Petitioners complain that the private respondents had an ulterior motive of grabbing the property and to that extent have been committing mischief by way of disturbing the peaceful possession of the petitioners. Petitioners have approached the learned Executive Magistrate and inspite of directions no effective steps have been taken by the police authorities.

Learned advocate for the private respondent nos. 4 to 9 denies and disputes the accusations and submit that there has been a long standing land dispute between the petitioners and the private respondents. It has also contended that the proceeding under Section 163(2) of the BNSS has already been dropped by the learned Executive Magistrate.

State has submitted a report. Report reflects that already proceedings have been drawn up under Sections 126/135(3) of the BNSS by the concerned police station. Having considered that the foundation of the present complaint is an apprehension for the petitioners' property being grabbed, I direct that police authorities would ensure that no breach of the peace and/or tranquility and/or any untoward incident results from the strained relationship existing between the parties. With the aforesaid observations WPA 9139 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to both the parties.

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.)