Sk. Saidul Islam v. State Of West Bengal And ORS.

W.P.A. 9059 of 2025 Sk. Saidul Islam.

VS The State of West Bengal & Ors.

Mr. P.K. Banerjee, Ms. Indrani Nandy.

... for the Petitioner.

Mr. Jyoti Prakash Chatterjee.

...for respondent nos. 10 to 12.

Mr. Swapan Banerjee, Ld. AGP, Mr. Diptendu Narayan.

...for State.

Affidavit-of-service filed by the petitioner be kept 06.05.2025 Court No. 35 Item No.44 Rakib with the record.

Petitioner informed the Inspector-in-Charge of Monteswar Police Station to allow him along with other co-sharers to construct road around the water body/pond and not to disturb the petitioner while executing such construction.

Report has been submitted by the police authorities which reflects that because of the strained relationship between the parties, proceedings under Section 126/135 of the BNSS has been drawn twice. A Civil Suit being T.S. 42/24 is pending.

Having considered that the Civil Court is already in seisin of the issue, petitioner would address his grievance before the Civil Court and if the Civil Court directs for rendering police assistance in those circumstances, police authorities would respect, obey and implement the order of the Civil Court.

Since already proceedings under Section 126 of the BNSS have been drawn up, police authorities would continue their surveillance and see that no untoward incident takes place because of the inimical relationship existing between the parties.

With the aforesaid observations WPA 9059 of 2025 is disposed of.

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

Copy of the report without annexure be handed over to 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.)