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Calcutta High CourtWPA/12707/2025disposed

Sandhya Rani Maity v. State Of West Bengal And ORS.

2025-06-30Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 79 30.06.2025 ct.no.35 Kausik W.P.A. 12707 of 2025 Sandhya Rani Maity

Versus

State of West Bengal & Ors.

Mr. Mujibar Ali Naskar Mr. Sandip Kr. Mandal Ms. Riya Das ...for the petitioner.

Mr. Mrinal Kanti Ghosh Mr. Jayanta Dey ...for the respondent nos. 4,5,6,8,10 to 15.

Mr. Sirsanya Bandopadhyay, Ld. Sr. St. Counsel Mr. Debopriyo Karan ...for the State.

Learned advocate appearing for the petitioner submits that the private respondent nos. 4 to 15 are forcefully trying to grab the property of the petitioners and with that end in view on 27.05.2025 destroyed the crops and the trees and also started to dig pond at the land of the petitioner. When the petitioner resisted to such acts of the private respondents, she was further subjected to harassment, however when she yelled, local people gathered and the private respondents fled away. State has submitted a report which reflects that there are long standing land dispute. Several cases have been instituted at Ramnagar Police

Station. On the basis of the information received, a proceeding has been drawn up under section 126 of the BNSS.

Learned advocate appearing for the private respondents submits, already a civil suit is pending between the respondent no. 4 (as 'Plaintiff') and the petitioner (as 'Defendant'). The other respondents are also participating in the said civil suit. Be that as it may, having considered that the civil court is already in seisin of the issue, the right, title and interest in the property would be the domain of the civil court to decide. So far as this Court is concerned it directs the police authorities to keep a strict vigil and ensure that no untoward incident results because of the strained relationship already existing between the parties.

With the aforesaid observations WPA 12707 of 2025 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to both the parties.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)