Dilip Kumar Batabyal And ORS. v. State Of West Bengal And ORS.

D/L 76 15.07.2025 ct.no.35 Kausik W.P.A. 13778 of 2025 Dilip Kumar Batabyal & Ors.

Versus

State of West Bengal & Ors.

Mr. Tapan Datta Gupta Mr. Parvej Anam Ms. Afsana Khatun ...for the petitioner.

Mr. Anjan Dutta ...for the private respondents.

Mr. Suman Ghosh Mr. Arka Mondal ...for the State.

Learned advocate appearing for the petitioner submits that the private respondents have been causing disturbance and interference with the peaceful enjoyment of their property and to that effect they have transgressed their limits thereby committing offences.

Learned advocate for the private respondent nos. 4 to 6 submits that a long standing civil dispute has been converted into a colour of a criminal case and the civil court is already in seisin of the issue. There are number of G.D. Entries which have been registered pursuant to informations furnished both by the petitioner and the private

respondents. It has been asserted on behalf of the private respondents that the property is undemarcated and the petitioner is trying to establish his dominion over the property with the aid of the criminal cases which are being registered at his instance.

Learned advocate for the State has submitted a report. I find that number of G.D. Entries are there. However, there was an earlier criminal case which ended in charge sheet.

Subsequently, in respect of last of the complaint Baruipur Police Station Case No. 1266 of 2025 has been registered for investigation.

Since police authorities are investigating the said case, further interference by this Court is unwarranted.

Accordingly, WPA 13778 of is disposed of.

Report so submitted be kept with the record.

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.)