Mukul Biswas And ANR. v. State Of West Bengal And ORS.

09.07.2025 W.P.A. 11053 of 2025 Item No.2 Ct. No.35 dc.

Sri Mukul Biswas & Anr.

versus The State of West Bengal & Ors.

Mr. Susnigdho Bhattacharyya ... For the Petitioners.

Mr. Swapan Banerjee, AGP, Mr. Soumen Chatterjee ... For the State.

Mr. Satyendra Agarwal, Mr. Basudev Patra, Mr. Goutam Malik ... For the Respondent No.5.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. Learned advocate appearing for the petitioner submits that information was furnished with the Superintendent of Police, Bongaon Police District in respect of disputes relating to property wherein a civil suit was preferred before the jurisdictional civil court and the same was dismissed. Learned advocate further submits that there are disputes between the petitioners and the private respondent particularly with regard to the fact that the private respondent is dismantling the trees as well as taking away the fishes which are causing financial loss to the petitioners. Additionally, it has been submitted that the learned Executive Magistrate was approached by the private respondent and an order was obtained by suppressing the order of the civil court.

Learned advocate appearing for the private respondent no.5 denies and disputes the contentions advanced on behalf of the petitioners and further submits that a civil suit has been preferred being T.S. No. 108 of 2025 which is pending before the learned Civil Judge (Junior Division), Bongaon and the next date has been fixed on 28.07.2025.

State has submitted a report.

Having considered the nature of the dispute which is absolutely a private dispute, police authorities would only ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the disputes relating to the property.

With the aforesaid observations, the writ petition being WPA 11053 of 2025 is disposed of. There will be no order as to costs.

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.)