Balaram Acharya And ANR v. State Of West Bengal And ORS.

M/L721 07.08.2025 Bpg.

ct.no.35 W.P.A.16374 of 2024 Balaram Acharya & Anr.

Versus

The State of West Bengal & Ors.

Mr. Ziaul Haque Mr. Suman Bhattacharyya.

...for the petitioners.

Mr. Debjit Mukherjee Ms. Susmita Chatterjee.

...for the State-respondents.

Mr. Ritwik Pattanayak.

...for the respondent no.4.

Learned advocate appearing for the petitioners submits that in spite of having all the documents, petitioners are unable to carry out their business as there has been obstruction and interference at the behest of the private respondent no.4.

Learned advocate for the State has submitted a report. Report reflects that the petitioners and the respondent no.4 are brothers who have a family dispute over the ownership of the property and both the parties are claiming their ownership in respect of the property referred to in the writ petition, as such, police authorities have hardly any role to involve themselves. It is also referred to in the report that Title Suit No.134 of 2021 is pending.

On the other hand, learned advocate appearing for the respondent no.4 submits that the

writ petition should be dismissed as there is suppression of material facts and to that effect, refers to the orders dated 10.08.2022 and 09.03.2023. It has been claimed by the respondent no.4 that the petitioner preferred Title Suit before the learned Civil Judge (Junior Division), Jhargram. The said suit was finally withdrawn by the petitioners who initiated the said civil suit.

Having regard to the fact that an absolutely private dispute is involved, police authorities have hardly any role to involve themselves except to the extent that if there is violation of any law and order, they would take steps in accordance with law. With the aforesaid observations, WPA 16374 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted 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.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)