Abdul Razzak v. The State Of West Bengal And ORS.

D/L 67 28.07.2025 ct.no.35 Kausik W.P.A. 15243 of 2025 Abdul Razzak

Versus

The State of West Bengal & Ors.

Mr. Kaushik Choudhury ...for the Petitioner.

Mr. Pinaki Bhattacharyya Ms. Susmita Chatterjee ...for the State.

Affidavit of service filed be kept with the record.

Learned advocate appearing for the petitioner submits that he was restrained to enter his property. To that effect, information was submitted before the Inspector-in-Charge, Raiganj Police Station, Uttar Dinajpur. The police report which has been submitted reflects that a land dispute exists between the petitioner and the respondent nos. 5, 6, 8 & 9 and at the relevant point of time when the petitioner went to his property for dismantling the trees there was a hot altercation between the petitioner and his family members in presence of the police authorities and steps were taken for pacifying the issue.

Police authorities have drawn up proceedings under section 126 BNSS. Having regard to the fact that, the police authorities have already drawn up proceedings, I am of the opinion that the police authorities would continue their surveillance and ensure that no untoward incident takes place because of the inimical relationship existing between the petitioner and the private respondents. However, for establishment of right, title and interest, parties would approach the jurisdictional civil court. Police authorities would be bound by any order and direction passed by the concerned court after final determination of rights by the civil court. With the aforesaid observations WPA 15243 of 2025 is disposed of.

Report submitted 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.

(Tirthankar Ghosh, J.)