Roshena Akhtara Bibi @ Akhtara Roshena Bibi And ANR. v. State Of West Bengal And ORS.

06.05.2025 WPA 9272 of 2025 Sl.No.

Court No. 35 Roshena Akhtara Bibi @ Akhtara Roshena Bibi & Anr.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Mohinoor Rahaman Mr. I. Rahaman ... for the Petitioner(s) Mr. Dipanjan Datta, ld. Sr. Govt.

Ms. Sukanya Datta ... for the State - respondent(s) Mr. Mujibar Ali Naskar ... for the respondent nos.6-11 The petitioners are aggrieved by the fact that the private respondents have sold away their property in spite of the findings of the District Land & Land Reforms Officer, Suri, Birbhum.

The petitioners claim that there were fake and forged documents prepared which were brought to the notice of the concerned land officer and, an appeal was preferred at the behest of the present petitioners to arrive at a conclusion which hold the contentions of the petitioners to

be correct.

However, the private respondents have been the beneficiaries and the petitioners have been subjected to wrongful loss.

Learned advocate for the private respondents submits that an appeal has been preferred in respect of the order of the District Land & Land Reforms Officer which is pending before the WBLRTT. The private respondents admit that they have sold away the property.

Learned advocate for the State has submitted a report which reflects that in order to restore peace and tranquility, the police authorities have taken steps and drawn up a proceeding under Sections 126/135 of the BNSS.

Learned advocate for the petitioners submits that there were interferences with the property and disturbances have been created at the

behest of the private respondents.

Be that as it may, since the police authorities have been continuing with their surveillance pursuant to the proceedings being drawn up by them under Sections 126/135 of the BNSS, I am of the view that the police authorities would ensure that no untoward incident results because of the strained relationship existing between the parties.

However, the petitioners are granted liberty that, in case, they have documents in their possession, they would approach the jurisdictional Magistrate by invoking the relevant provisions of the BNSS.

The learned Magistrate would assess and ascertain whether a case for investigation has been made out, thereafter, exercise his/her discretion in accordance with law.

With the aforesaid observations, WPA 9272 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copies of the report be handed over to both the parties.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)