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Calcutta High CourtWPA/12064/2025disposed

Sunil Kumar Biswas And ANR. v. The State Of West Bengal And ORS.

2025-06-25Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 51 25.06.2025 ct.no.35 Kausik W.P.A. 12064 of 2025 Sunil Kumar Biswas & Anr.

Versus

The State of West Bengal & Ors.

Mr. Mukunda Lal Sarkar Mr. Sibendu De ...for the petitioners.

Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee Mr. Soumen Chatterjee ...for the State.

Petitioner is aggrieved by the fact that pursuant to the floods one of the walls required to be repaired and to that effect, whenever petitioner engages labours they are being resisted by the private respondents. It is further alleged that the private respondents are not only obstructing but also threatening and abusing the petitioners. It has also been brought to the notice of the Court that in T.S. No. 177/2019 a decree has been passed thereby permanently restraining the defendants from entering into schedule suit property by crossing over southern side fencing or pillar and from disturbing peaceful possession of the plaintiffs over the schedule suit property.

Petitioner submits that in spite of the order of the learned Civil Judge (Junior Division), 1st Court, Ranaghat, Nadia petitioners have been unable to repair the said boundary wall.

Learned advocate for the State has submitted a report. Report reflects that there has been no direction upon the police authorities to execute such order.

Petitioner would approach the civil court for appropriate directions upon the police authorities. However, in the meantime, police authorities would ensure that there is no breach of peace and/or tranquility and/or any untoward incident resulting from the strained relationship existing between the parties.

With the aforesaid observations WPA 12064 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 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.)