Arati Ray And ANR. v. State Of West Bengal And ORS.

D/L67 06.05.2025 Rohit ct.no.35 WPA 9254 of 2025 Srimati Arati Roy & Anr

Versus

The State of West Bengal & Ors.

Ms. Busra Khatun Mr. Syed Raihanul Hossain ...for the Petitioners Mr. Susovan Sengupta Mr. Subir Pal ... for the State Mr. Haradhan Mondal ...for the Respondent No. 6 Petitioner is aggrieved by the fact that in spite of informing the police authorities no steps have been taken and the private respondents have been disturbing, interfering and finally has been successful in grabbing the property belonging to the petitioner by flexing their muscles.

Learned Advocate for the State has submitted a report. Report reflects that a Title Suit is pending before the learned Civil Judge, Junior Division, 2nd Court, Bolpur, Birbhum being TS 51 of 2023.

The prayer in the title suit is for a declaration in respect of the gift deed which was registered with the ADSR office to be void as the same was forged.

Police authorities have also drawn up proceedings under Section 126/135 of the BNSS. Learned Advocate for the respondent No. 6 and 7 submits that absolutely a civil dispute is attempted to be given a flavor of a criminal proceedings by invoking the jurisdiction of the Court. I have considered the submissions and is of the opinion that since the Civil Court is already in seisin of the issue it would be for the petitioner to exhaust her remedies before the Civil Court. However, police authorities would continue their surveillance and ensure that no breach of the peace and/or tranquility and/or any untoward incident takes place because of the strained relationship between the parties. With the aforesaid observations WPA No.

9254 of 2025 stands disposed of.

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.

(Tirthankar Ghosh, J.)