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Calcutta High CourtWPA/10859/2024disposed

Keramat And ORS. v. The State Of West Bengal And ORS.

2025-07-22Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 10859 of 2024 Keramat Mandal & Ors.

VS The State of West Bengal & Ors.

Mr. Tarak Karan ...for the State.

The present writ petition has been preferred being 22.07.2025 Court No. 35 M/L. No.821 Rakib aggrieved by the inaction of the police authorities as the Officer-in-Charge of Murarisha Outpost under Hasnabad Police Station refused to take any action. The main grievance of the petitioner is that the petitioner happens to be a sharecropper who is attempted to be illegally and forcefully disturbed in enjoying the property at the behest of the private respondents.

Mr. Karan, learned advocate appearing for the State submitted a report. Report reflects that an absolutely private dispute is being given the cloak for interference by thy police authorities, although the police authorities have hardly any role to decide the issue. I find that the police authorities apprehending breach of the peace and/or tranquility at the relevant point of time drew up proceedings under Section 107 of the Code of Criminal Procedure.

Having considered the steps taken at the relevant point of time, I am of the view that for establishment of right, the petitioner has to approach the Civil Court. Police authorities have in consonance with the provisions

have been overseeing the law and order crisis. The police authorities would continue their surveillance, in case they are of the opinion that there is possibility of any untoward incident taking place.

With the aforesaid observations WPA 10859 of 2024 is disposed of.

Report so submitted by the State be kept with the record.

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.)