Samir Kayal v. The State Of West Bengal And ORS.
25.07.2025 W.P.A. 14696 of 2025 Item No.71 Ct. No.35 dc.
Samir Kayal versus The State of West Bengal & Ors.
Mr. Murari Chakraborty, Mr. Prashant Pathak ... For the Petitioner.
Mr. Sagnik Chatterjee, Mr. Debasish Kar ... For the State.
Mr. Pankaj Halder, Mr. Neelabha Bera ... For the Respondent No.5.
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. A copy of the report be handed over to the learned advocate appearing for the petitioner.
The petitioner is aggrieved by the fact that the private respondent has blocked the pathway of the petitioner for egress and ingress.
Learned advocate appearing for the private respondent no.5 submits that absolutely a civil dispute has been given a cloak to activate the police authorities illegally.
State has submitted a report which reflects that there is a long standing land dispute between the petitioner and the private respondent. Police authorities, however, having regard to the situation drew up proceedings under Section 126 of BNSS. Police authorities would continue their surveillance and ensure that no breach of the peace
and/or tranquility takes place at the locale. In order to establish the right, petitioner would approach the jurisdictional civil court for appropriate remedies.
With the aforesaid observations, the writ petition being WPA 14696 of 2025 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.)