Biswajit Das v. The State Of West Bengal And ORS.

D/L 6 25.06.2025 Bpg.

ct.no.35 W.P.A.11713 of 2025 Sri Biswajit Das

Versus

The State of West Bengal & Ors.

Mr. Rafikul Islam Sardar Mr. Uttam Kumar Pradhan.

...for the petitioner.

Mr. Tapan Kumar Mukherjee Ms. Sangeeta Roy.

...for the State-respondents.

Mr. Avilash Tripati.

...for the respondent no.5.

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

Petitioner has approached this Court as the representation dated 08.05.2025 was not considered by the Officer-in-Charge, Khejuri Police Station. The accusation of the petitioner is that the petitioner was assaulted with the aid of deadly weapons.

State has submitted a report which reflects that a long standing dispute is existing between the petitioner and the private respondents. Report reflects that there are cases which have been registered for investigation being Khejuri Police Station Case No.167 of 2025, Khejuri Police Station Case No.171 of

2025 and Khejuri Police Station Case No.166 of 2025, while the first two cases were initiated on the complaint of the present petitioner, the last of the case was registered on the basis of complaint of one Sasanka Das. Police authorities have completed the investigation and submitted charge-sheet before the jurisdictional court.

Presently, the petitioner intends to enter the shop and to that effect has preferred the writ petition. Records reflect that already T.S. No.244 of 2016 is pending before the learned Civil Judg (Junior Division), 1st Court, Contai. Records further reflect that there was direction upon the police authorities and consequently a report has been submitted. The next date has been fixed before the learned trial court on 15.09.2025.

As for establishment of right is concerned the civil court is having absolute domain, as such I direct that the petitioner and the respondents would establish their right before the civil court. This Court under Article 226 of the Constitution of India will not enter into the domain wherein the civil court is already in seisin of the issue. Police authorities would only ensure that there is no breach of the peace and/or tranquility and/or any untoward incident may

not happen because of the strained relationship between the parties.

With the aforesaid observations, WPA 11713 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.)