Tapan Mandal v. State Of West Bengal And ORS.
D/L 36 09.07.2025 ct.no.35 Kausik W.P.A. 11384 of 2025 Tapan Mandal
Versus
State of West Bengal & Ors.
Mr. Amit Bikram Mahata Mr. Sahil Kabir ...for the petitioner.
Mr. Asish Kumar Guha Mr. Benazir Ahmed ...for the State.
Learned advocate appearing for the petitioner is aggrieved by the overt acts of disturbance and interference with the property of the petitioner and to that effect, has approached the civil court.
Learned advocate appearing for the petitioner has drawn the attention of the Court to the order passed in Title Suit No. 1180 of 2020 wherein the learned Civil Judge (Junior Division), 3rd Additional Court directed for restraining the defendants from disturbing the peaceful possession of the plaintiff, thereafter the petitioner approached the Executive Magistrate. Petitioner's grievance is that inspite of the order passed by the Civil Court, the atrocities which were earlier being inflicted by the private respondents still continue and there has
been no interference at the behest of the police authorities.
Learned advocate for the State has submitted a report. Report reflects that pursuant to the written informations so received, steps have been taken by the police authorities and proceedings drawn up under section 126 of the BNSS against the private respondent nos. 10, 11 & 12.
Petitioner, if so advised, would approach the civil court for necessary directions upon the Officerin-Charge of Gosaba Police Station. In case, any direction is passed upon the Officer-in-Charge, Gosaba Police Station, the concerned police station would ensure that the order of the learned Civil Judge is respected, obeyed and implemented. In the meantime, the police authorities would ensure that there is no breach of peace and/or tranquility and/or any untoward incident resulting from the inimical relationship existing between the petitioner the private respondents.
With the aforesaid observations WPA 11384 of 2025 is disposed of.
Report so submitted be kept with the record.
A copy of the report be handed over to the learned advocate appearing for the petitioner.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)