Joydeb Karmakar And ORS v. State Of West Bengal And ORS.

D/L 143 17.03.2025 Kausik ct.no.35 W.P.A. 14437 of 2023 Joydeb Karmakar & Ors.

Versus

State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna ...for the petitioners.

Mr. Biswabrata Basu Mallick, AGP Mr. Jaladhi Das ...for the state.

Learned advocate appearing for the petitioner is aggrieved that a civil suit was initiated at the behest of respondent no. 7 being TS No. 242/2019.

It has been alleged in the writ petition by the present petitioners that they are being attempted to be dispossessed at the behest of the private respondents who are misrepresenting regarding the title of the property by preparing forged documents and are claiming their dominance.

As none appears on behalf of the State, Mr.

Basu Mallick, learned Additional Government Pleader along with Mr. Jaladhi Das are directed to represent the State. Their appearance may be regularized by the concerned authorities.

Petitioner in order to prevent the respondents from interfering with their property

sought for police help by way of a representation made to Bhagwanpur Police Station on or about 31.05.2023.

Having considered that the civil court is already in seisin of the nature of dispute as submitted by the learned advocate appearing for the petitioner, it would be the civil court to decide regarding the right, title, interest, possession, usage, occupation of the property concerned.

Police authorities would ensure that neither the petitioner nor the opposite parties are dispossessed without adhering to the provisions of law. Police authorities would also oversee that there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the inimical relationship existing between the parties.

With the aforesaid observations WPA 14437 of 2023 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.)