Kanta Mondal v. State Of West Bengal And ORS.

27.03.2025 WPA 16056 of 2024 Sl.No.

Court No. 35 Sri Kanta Mondal -VsThe State of West Bengal & Ors.

G.S.Das Mr. Sanjib Seth ... for the Petitioner(s) Mr. Suddhadev Adak Ms. Arpita Mondal ... for the State-respondent(s) The petitioner is aggrieved by the fact that in spite of directions passed in T.S.

of restraining the respondents/defendants from disturbing the peaceful possession of the petitioner in respect of the suit premises referred to in the civil suit, the private respondents are interfering with the peaceful enjoyment of the property. It has also been complained to the police authorities that the private respondents are involved in chopping off the trees; trying to grab his property as also obstructing him in raising his boundary wall, threatening him and his family members of dire consequences

including murdering them.

An information was furnished with the police station on or about 26.05.2024 and the police authorities reduced the same by way of Jagatballavpur P.S. GDE No. 1320 of 2024 and GDE No. 1326 of 2024.

The police authorities in their report have referred to the fact that there is no obstruction created in the free egress and ingress of the petitioner's property and the demarcation is still awaited.

It is also revealed in the report that except 6 ft gap on the western side, construction of the brick built boundary wall is complete.

Having considered that the learned Civil Court is already in seisin of the issues, I am of the view that if the petitioner is faced with other inconveniences, appropriate application be

advanced before the learned Civil Court.

Since the police authorities have already adhered to the circumstances existing at the ground reality, I am of the view that, after about 10 months, no interference is called for from this Court at this stage.

With the aforesaid observations, WPA 16056 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)