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Calcutta High CourtWPA/9636/2025disposed

Rafikul Gazi v. The State Of West Bengal And ORS.

2025-05-21Hon'Ble Justice Tirthankar Ghosh3 pages

21.05.2025 WPA 9636 of 2025 Sl.No.

Court No. 35 Rafikul Gazi -VsThe State of West Bengal & Ors.

G.S.Das Mr. Nirmalendu Bera Mr. Gora Chand Samanta ... for the Petitioner(s) Mr. Tanmoy Kr. Ghosh, ld. SGA ... for the State-respondent(s) Mr. Kallol Mondal, ld. Sr. Adv.

Mr. Krishan Ray Mr. Anamitra Banerjee Mr. Akbar Laskar ... for the respondent nos. 5&6 The petitioner claims that his representation which was submitted to the police authorities was not acted upon.

Learned advocate for the State points out that the petitioner and the private respondent(s) are brothers who are involved in a family feud over a land dispute. However, according to the State, the land which was referred to as the subject-matter of dispute is a vested land.

Learned advocate for the private respondent(s), on the other hand, submits

that the land was vested subsequently after it was gifted to the private respondent(s).

Be that as it may, so far as the right, title and interest of the property is concerned, learned civil court would be the appropriate court for adjudicating the issues.

Since the police authorities have already drawn up a proceeding under SectionS 126/135(3) of the BNSS, they would continue their surveillance as also ensure that no untoward incident results because of the strained relationship existing between the family members.

With the aforesaid observations, WPA 9636 of 2025 is disposed of.

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

Report so submitted be kept with the record.

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.)