Nazamuddin Faju Shaikh And ANR. v. The State Of West Bengal And ORS.

D/L 88 29.07.2025 Bpg.

ct.no.35 W.P.A.16077 of 2025 Nizamuddin Faju Shaikh

Versus

The State of West Bengal & Ors.

Mr. Ranjit Kumar Roy Ms. Sabarnee Chatterjee Mr. Santanu Marrick.

...for the petitioner.

Mr. Lalit Mohan Mahata Mr. Santimay Bhattacharyya.

...for the State-respondents.

Petitioner is aggrieved by the fact that the police authorities are continuously disturbing the petitioner although the petitioner claims that the land belongs to him. The police authorities are, in fact, according to the petitioner, representing that there is an ad interim injunction but no document has been produced by the petitioner and the petitioner, as such, is unable to use the land for the purposes of his peaceful enjoyment.

State has submitted a report. Report reflects that Title Suit No.341 of 2021 is pending before the learned Civil Judge (Senior Division), 1st Court, Hooghly wherein the police authorities have received official information in respect of the injunction over the suit property which was passed on 08.08.2023

and lastly the same was extended on 22.04.2024. Police authorities have also detailed over the issue relating to the property and the dispute so involved and consequently they have reduced the same by way of a G.D. Entry.

Petitioner's main grievance is that it seems to be an unnecessary interference at the behest of the police authorities as the police authorities are claiming that there is an ad interim order of injunction but unable to produce the documents, thereby resulting in the petitioner from exercising his right over the property concerned.

Having regard to the fact that the police authorities have narrated such issue of civil suit pending and the necessary ad interim orders having been passed, I am of the view that for the present, the petitioner should not have any grievance. However, the petitioner would approach the civil court for necessary directions, if required. Police authorities are keeping a strict vigil for maintaining peace and tranquility, such surveillance by the police authorities be continued.

With the aforesaid observations, WPA 16077 of 2025 is disposed of.

There will be no order as to costs.

Report submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)