Raju Ghosh v. State Of West Bengal And ORS.

D/L 4 25.06.2025 Bpg.

ct.no.35 W.P.A.11586 of 2025 Raju Ghosh

Versus

The State of West Bengal & Ors.

Mr. Rahul Sarkar Ms. Dipika Sarkar.

...for the petitioner.

Mr. Sirsanya Bandopadhyay Mr. Debopriyo Karan.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner relies upon the earlier order passed in WPA 4404 of 2024 and submits that the petitioner was assaulted in spite of a direction being passed by the High Court when he had been to his property. Petitioner also claims that the police authorities should remove illegal encroachment and restore the lawful possession.

So far as establishment of right is concerned, the same is to be done by the jurisdictional civil court if there has been any offence committed. Earlier, there was a direction and it is reiterated that the statutory jurisdictional courts should be approached

for addressing the grievance if at all any offence has been committed.

Having considered the report submitted by the State, it is directed that the police authorities have kept their surveillance but by misinterpreting the order of the High Court if a litigant exceeds his authorities, then in that case a helpless situation is bound to occur. As directed in the earlier order dated 22.11.2024 in WPA 4404 of 2024 as also the present order, I direct the petitioner to address the grievance before the jurisdictional civil and criminal courts. No interference is called for.

Accordingly, WPA 11586 of 2025 is disposed of.

There will be no order as to costs.

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.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)