Debasis Das Mahapatra @ Debasis Chowdhury v. The State Of West Bengal And ORS.

M/L 833 22.07.2025 Bpg.

ct.no.35 W.P.A.11949 of 2024 Debasis Das Mahapatra @ Debasis Chowdhury

Versus

The State of West Bengal & Ors.

Mr. Nirmalya Kumar Das.

...for the petitioner.

Mr. Tarak Karan.

...for the State-respondents.

Learned advocate appearing for the petitioner is aggrieved by the inaction of the police authorities as in spite of informing the Officer-in-Charge, Belda Police Station in respect of unauthorized and forceful trespass at the behest of the private respondent no.6, the private respondent no.6 has been adamant in carrying out the pisciculture in the water body which belongs to that of the petitioner.

State has submitted a report. Report reflects that earlier for a fixed period of time there was an agreement between the petitioner and the private respondent no.6 which has expired. However, the private respondent no.6, till date by depriving the present petitioner, is continuing his illegal activities. Having regard to the nature of the dispute complained of, so far as the right, title and interest over property is concerned, it would be the civil court

which would decide the issue. Police authorities would only ensure that there is no breach of the peace and tranquility. At the relevant point of time, police authorities drew up proceedings under the relevant provisions of law. If fresh inconveniences are faced by the petitioner, petitioner will again file a fresh representation with the police authorities. Police authorities are directed to act in accordance with law and oversee that no untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 11949 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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.)