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Calcutta High CourtWPA/13334/2025disposed

Soumitra Debnath And ANR. v. State Of West Bengal And ORS.

2025-07-02Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 120 02.07.2025 ct.no.35 Kausik W.P.A. 13334 of 2025 Soumitra Debnath & Anr.

Versus

State of West Bengal & Ors.

Mr. Lakshminath Bhattacharya ...for the petitioner.

Mr. Saumen Gayen Mr. Sandipan Maity ...for the private respondents.

Ms. Jhuma Chakraborty Ms. Rupsha Chakraborty ...for the State.

Petitioner has prayed for necessary assistance for cultivating the landed property within the jurisdiction of Kultali Police Station in respect of R.S. Khatian No. 4. Petitioner claims to be a share cropper and has informed the Kultali Police Station in respect of the excesses being inflicted and has been resisted from carrying out his act of cultivation at the land referred to above.

Learned advocate for the private respondents submits that the land referred to is of the petitioners but the petitioners are not the share cropper in respect of the plot of land.

State has submitted a report. Report reflects that there is a difference and dispute

between the petitioners and the private respondent with regard to the cultivation of land.

Police authorities apprehending the attitude of the petitioners and the private respondents, drew up proceedings under section 126/135(3) of the BNSS.

Having considered that the police authorities have restricted themselves only to the extent to maintaining peace and tranquility of the area, I am of the opinion that the police authorities have adhered to the provisions of law in exercising their duty.

So far as the rights of the petitioner are to be established, the petitioner would approach the appropriate authority.

Accordingly, WPA 13334 of is disposed of.

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

(Tirthankar Ghosh, J.)