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Calcutta High CourtWPA/15265/2025disposed

Himanshu Mondal v. The State Of West Bengal And ORS.

2025-07-28Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 69 28.07.2025 ct.no.35 Kausik W.P.A. 15265 of 2025 Himanshu Mondal

Versus

The State of West Bengal & Ors.

Mr. Robiul Islam Mr. Sk. Jayeed Hossain ...for the Petitioner.

Mr. Prasenjit Debnath ...for the private respondent no. 9.

Mr. Shankar Halder Mr. Debabrata Mondal ...for the State.

Petitioner has approached this Court since the information which was furnished with the police authorities on or about 22.05.2025 was not acted upon. However, petitioner at the time of submission, admitted that the sand and the stone chips which were stacked and obstructed the egress and ingress of the petitioner, have already been removed. State has submitted a report. Report reflects that a joint inspection was carried out by the PWD Officials as well as the Police Officers of Nadanghat Police Station and during inspection exact demarcation of PWD roadside land was done by the PWD officials and it could be seen that there were some dumped construction materials till left

occupying the PWD land which were accordingly removed from that spot by the manpower engaged by the PWD and the occupied area has been completely cleared.

The police report also reflects that a prayer under section 174(2) of the BNSS has been advanced before the learned ACJM.

Learned advocate for the respondent on the other hand submits that a civil suit has been preferred being Title Suit No. 75/2025 which was instituted by the mother of the petitioner before the learned Civil Judge (Junior Division) at Nabadwip, Nadia.

Having considered the totality of the circumstances, I am of the view that police authorities are already acquainted with the dispute existing between the petitioner and the private respondents. They have taken steps before the learned ACJM.

According to the submissions of the learned advocate for the private respondents already a civil suit has been preferred. So far as the other prayers are concerned, petitioner would address before the civil court already in seisin of the issues. Police authorities would oversee that no breach of the peace takes place because of the inimical

relationship existing between the petitioner and private respondents.

With the aforesaid observations WPA 15265 of 2025 is disposed of.

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

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)