Liton Kumar Das v. State Of West Bengal And ORS.

D/L 62 26.06.2025 Bpg.

ct.no.35 W.P.A.12397 of 2025 Liton Kumar Das

Versus

The State of West Bengal & Ors.

Mr. Ramkrishna Bhattacharyya Mr. Kaushik Chaudhury.

...for the petitioner.

Mr. K.J. Yusuf Mr. Parikshit Goswami.

...for the State-respondents.

Mr. Satyam Mukherjee Mr. Saibal Rakshit.

...for the respondent no.5.

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

Learned advocate for the petitioner is aggrieved by the fact that he allowed the private respondent no.5 to use the shop room for a limited period of time. However, when the petitioner intended to get back his shop room, the private respondent no.5 refused to hand over the same and, as such, dispute and difference arose between the petitioner and the private respondent no.5. Consequent to which, petitioner submitted a representation before the local police station as well as the Superintendent of Police, 24 Parganas (North).

Learned advocate for the respondent no.5 is present and submits that he is in possession by handing over a substantial sum of money.

State has submitted a report. Report reflects that the police authorities have drawn up proceedings under Section 126 of the BNSS.

I have considered the nature of the dispute.

So far as the right, title and interest of a property is concerned, the domain of the civil court cannot be interfered with by the police authorities. Petitioner would approach the civil court for appropriate reliefs. If any direction is passed by the civil court upon the police authorities, the police authorities would respect, obey and implement such order. In the meantime, police authorities would keep a strict vigil so that no untoward incident results because of the inimical relationship existing between the parties. With the aforesaid observations, WPA 12397 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

Copy of the report be handed over to the learned advocates appearing for the parties.

Needless to state that since no affidavits have been called for, the accusations made by the

petitioner and/or the private respondent no.5 are deemed not to have been admitted.

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.)