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Calcutta High CourtWPA/9553/2025disposed

Namita Das v. The State Of West Bengtal And ORS.

2025-05-08Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 9553 of 2025 Namita Das.

VS The State of West Bengal & Ors.

Ms. Poulami Dutta, Mr. Kapil Sahoo.

...for the petitioner.

Mr. Partha Sarathi Mondal, Mrs. Riya Paul, Ms. Tithi Sarkar.

...for respondent no.6.

Mr. Suman Sengupta, Sr. Govt. Adv, Mr. Sambuddha Dutta.

...for State.

Affidavit-of-service filed by the petitioner be kept 08.05.2025 Court No. 35 Item No.304 Rakib with the record.

Learned advocate appearing for the petitioner submits that she has informed the Inspector-in-Charge, Kakdwip Police Station against the private respondents who had been obstructing the petitioner for utilizing the funds allotted to her under the 'Bangla Awas Yojana'. However the police authorities refused to render any assistance to her.

The learned advocate appearing for the private respondents submit that title suit no. T.S. 184/2023 is pending and the petitioner is participating in the said suit.

Local police authorities are already in seisin of the nature of the dispute and has drawn up proceeding under Section 126 of BNSS.

Since there is a dispute relating to ownership of land in question, I am of the view that it would be the domain of the Civil Court to adjudicate the same, police authorities would only ensure that there is no breach of the peace and/or tranquility and/or any untoward incident resulting because of the inimical relationship existing between the parties.

With the aforesaid observations WPA 9553 of 2025 is disposed of.

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.)