Rajib Hossain v. The State Of West Bengal And ORS.

D/L 33 27.03.2025 Bpg.

ct.no.35 W.P.A.14888 of 2024 Rajib Hossain

Versus

The State of West Bengal & Ors.

Mr. Ayan Bhattacharya Mr. S.M.Ismail.

...for the petitioner.

Mr. Debangshu Dinda.

...for the State-respondents.

Mr. Lutful Haque Ms. T. Khatun.

...for the respondent nos.9 to 11.

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

Petitioner submits that he is unable to raise construction even though he has a sanctioned plan and is entitled to raise the construction as per law and the same is because of the resistance offered by the private respondent nos.9 to 11.

On the other hand, learned advocate for the private respondent nos. 9 to 11 claims that they are the owners and are in possession of the property. Petitioner complains that a representation was made on 16.12.2023.

In view of the representation not being considered, I direct that the police authorities will not interfere with the issue relating to construction until

and unless otherwise directed by a civil court. However, if any of the parties complain that they apprehend breach of the peace, police authorities would ensure that there is no untoward incident because of the strained relationship existing between the petitioner and the private respondents.

With the aforesaid observations, WPA 14888 of 2024 is disposed of.

There will be no order as to costs.

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.)