Ratan Saha v. State Of West Bengal And ORS.

D/L 73 06.05.2025 Bpg.

ct.no.35 W.P.A.9266 of 2025 Ratan Saha

Versus

The State of West Bengal & Ors.

Mr. Dinesh Pani.

...for the petitioner.

Mr. Suman Sengupta Mr. Sanatan Panja.

...for the State-respondents.

Mr. Sahasrangshu Bhattacharjee Mr. Rivu Dutta Mr. Rhitam Chatterjee.

...for the respondent nos.5 to 7.

Learned advocate for the petitioner submits that he has filed the present writ petition as there has been inaction on the police authorities as the Officerin-Charge, Pursurah Police Station did not respond to the representation. The main thrust of the contention of the petitioner is that the private respondents have forcefully taken over the possession with the aid and assistance of Railway Protection Force on 07.03.2025 at 12 p.m.

Learned advocate appearing for the State submits that the police authorities had no role assigned because of the property belonging to the railway authorities.

Learned advocate for the respondent nos.5 to 7 representing the railway authorities submits that after expiry of the tenure possession was taken and to that effect, petitioner has already approached the Court for invoking the Arbitration Agreement.

Accordingly, a sole Arbitrator has been appointed by the Hon'ble Court in AP-COM/164/2025.

Since the Arbitrator is in seisin of the issue pursuant to the direction of the High Court, petitioner will take up the issue before the Arbitrator. Police authorities are not empowered under these circumstances to respond to the grievance expressed by the petitioner.

With the aforesaid observations, WPA 9266 of 2025 is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)