Gopeshwar Karmakar v. The State Of West Bengal And ORS.

D/L 29 12.02.2025 Bpg.

ct.no.35 W.P.A.12147 of 2024 Sri Gopeshwar Karmakar

Versus

The State of West Bengal & Ors.

Mr. Debasis Sur Mr. Mrinmoy Chatterjee Mr. Hare Krishna Halder.

...for the petitioner.

Mr. Tapan Kumar Mukherjee Mr. Pinaki Dhole Mr. Somnath Naskar.

...for the State-respondents.

Petitioner is aggrieved by the fact that there is a dispute in respect of boundary wall with the respondent no.5 who happens to be son of the elder brother. It has been alleged that there has been continuous threat and intimidation at the behest of the private respondent who is preventing the petitioner's peaceful enjoyment of the property. Learned advocate for the State has submitted a report. Report reflects that a civil dispute is in existence for a considerable period of time. To that effect, number of General Diary Entries as also proceedings under Sections 107/116 of the Code of Criminal Procedure has been drawn. However, since the dispute is absolutely civil in nature, police

authorities have restrained themselves from acting in any other manner.

Having considered the nature of reliefs sought for, the petitioner would approach the jurisdictional court for reliefs sought for. However, as the petitioner and the respondent no.5 are in a strained relationship, police authorities would keep a strict vigil and ensure that no breach of the peace and/or tranquility takes place and/or any untoward incident results because of such inimical relationship. With the aforesaid observations, WPA 12147 of 2024 is disposed of.

There will be no order as to costs.

Report submitted by the State 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.)