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Calcutta High CourtWPA/13866/2024disposed

Kamruzzaman Sk v. State Of West Bengal And ORS.

2025-03-20Hon'Ble Justice Tirthankar Ghosh2 pages

20.03.2025 W.P.A. 13866 of 2024 Item No.37 Ct. No.35 dc.

Kamruzzaman Sk.

versus The State of West Bengal & Ors.

Mr. Golam Mastafa, Mr. Tarasankar Samanta ... For the Petitioner.

Mr. Vimal Kumar Shahi, AGP ... For the State.

Mr. Robiul Islam ... For the private Respondents.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner claims that the private respondents by way of preparing a forged document are trying to interfere with the peaceful possession of the petitioner. To that effect, information was furnished with the Inspector-in-Charge, Hariharpara Police Station and in spite of receipt of such information, no steps have been taken.

So far as right, title, interest and possession in respect of a property is concerned, it would be for the civil court to decide the same and as rightly submitted by the learned advocate for the State that the police authorities without any direction from an appropriate court of law, would not be in a position to interfere with the same. However, having regard to the fact that the petitioner and the private respondents are at loggerhead, the police authorities would only oversee that if situation still

persists, they would ensure that there is no breach of the peace or tranquility and/or any untoward incident resulting because of the inimical relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 13866 of 2024 is disposed of. There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)