Nemai Krishna Ghosh v. The State Of West Bengal And ORS.

W.P.A. 15357 of 2025 Nemai Krishna Ghosh VS The State of West Bengal & Ors.

Mr. D. Banerjee Mr. T. Khan Mr. P. Hajra ...for the Petitioner.

Mr. Joydip Banerjee Mr. Chandra Sekhar Bag ...for the State.

Mr. Atanu Biswas Mr. Mrinal Saha ...for the respondent no. 4 & 6.

Affidavit-of-service filed by the petitioner be kept 28.07.2025 Court No. 35 D/L. No.89 Rakib with the record.

Petitioner is aggrieved by the fact that in spite of civil case pending before the jurisdictional Civil Court, the private respondents are adamant for carrying out their illegal activities and trying to obstruct the free egress and ingress of the petitioner.

On the other hand learned advocate appearing for the private respondent nos. 4 and 6 submits that one of the respondent died long ago and in order to exhaust the powers of the police authorities in an illegal manner the petitioner has invoked the jurisdiction of this Court. State has submitted a report. Report reflects that over the complaint of the petitioner Monteswar PS case no. 565/2023 was registered for investigation and the same concluded in charge-sheet. Subsequently, again on the complaint of the petitioner's mother another case

being Monteswar PS case no. 538/2024 being registered for investigation. Police authorities have already drawn up proceedings under Section 107/116 of the Cr.P.C. for maintaining peace and tranquility.

Title Suit no.

127/2021 is already pending.

Having considered that the police authorities are well aware regarding the nature of the dispute existing between the petitioner and the private respondents, I direct that the police authorities would continue their surveillance and ensure that no untoward incident results because of the inimical relationship existing between the petitioner and the private respondents. So far as the right of the party for egress and ingress is concerned, since the Civil Court is already in seisin of the issue, petitioner would ventilate his grievance before the Civil Court.

With the aforesaid observations WPA 15357 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)