Ashutosh Bera v. State Of West Bengal And ORS.

D/L 5 19.05.2025 Bpg.

ct.no.35 W.P.A.9921 of 2025 Ashutosh Bera

Versus

The State of West Bengal & Ors.

Mr. Supriyo Chattopadhyay Mr. Sudip Kumar Maiti Ms. Debasree Chatterjee.

...for the petitioner.

Ms. Sonal Sinha Ms. Munmun Ganguly.

...for the State-respondents.

Mr. Samiran Giri.

...for the respondent nos.7, 10, 11 & 13.

Affidavit-of-service filed by the petitioner be kept with the record.

The report of the police authorities reflects that the police authorities have removed the fence and cleared the egress and ingress of the pathway of the petitioner on 17.05.2025. Pursuant to the same, a proceeding under Section 126 of the BNSS has been drawn up. Police authorities would ensure that there is no obstruction in the free egress and ingress of the petitioner until and unless the civil court passes necessary orders in favour of the private respondents, thereby reinstalling the fence which was earlier affixed by the private respondents in the pathway of the petitioner.

With the aforesaid observations, WPA 9921 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

Copy of the report be handed over to the learned advocates appearing for both the parties. 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.)