Manash Adhikari And ANR. v. The State Of West Bengal And ORS.

07.07.2025 WPA 11063 of 2025 Sl.No.

Court No. 35 Manash Adhikari & Anr.

-VsThe State of West Bengal & Ors.

G.S.Das Ms. Paulomi Ghosh ... for the Petitioner(s) Mr. Susovan Sengupta Mr. Manas Kumar Sadhu ... for the State-respondent(s) Mr. Sukanta Das Ms. Snehasis Jana Ms. A. B. Maiti ... for the respondent nos.4,5,6 Re The petitioners are aggrieved by the fact that the private respondents have dumped up soil over their land to which they raised objection.

Consequent to which, the respondents threatened them as also were adamant in their ulterior design of illegally occupying their property.

State has submitted a report which reflects a proceeding under Section 126 of the BNSS being drawn up.

Learned advocate for the private respondents disputes and denies such

contentions and submits that unnecessarily the police authorities have been involved so that the petitioner can dominate the situation.

Be that as it may, since the police authorities have drawn up a proceeding under Section 126 of the BNSS against the private respondents, the police authorities would continue their surveillance as also ensure that no untoward incident results because of the inimical relationship existing between the parties.

The petitioners, if they are of the opinion that cognizable offence is made out, they would approach the jurisdictional Magistrate under the relevant provisions of law. The learned Magistrate would assess and ascertain regarding the genuinity of the accusations, thereafter, pass necessary directions as it deems fit and proper.

With the aforesaid observations,

WPA 11063 of 2025 is disposed of.

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

Report so submitted be kept with the record. Copy of the report be handed over to both the parties.

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.)