Manmatha Nayak v. The State Of West Bengal And ORS.

W.P.A. 15556 of 2025 Manmatha Nayak VS The State of West Bengal & Ors.

Mr. Bhaskar Ch. Manna Ms. Munmun Seth Ms. Moumita Biswas ...for the Petitioner.

Mr. Suman Sengupta Mr. Kaustav Chatterjee ...for the State.

Mr. Arka Pratim Chowdhury Mr. Aditya Kr. Sonar Ms. Afreen Tarannum Mr. Rajdeep Bhattacharya ...for respondent no.8.

Ms. Antara Biswas ...for respondent no.10.

Affidavit-of-service filed by the petitioner be kept 29.07.2025 Court No. 35 D/L. No.15 Rakib with the record.

Petitioner complains that he has been carrying out business of fishery by using a tank which is being resisted by the private respondents and in spite of informing the police authorities no steps have been taken. Learned advocate for the State contends that the nature of the dispute is completely a private dispute where police authorities have hardly any role to play except overseeing relating to law and order.

Learned advocate for the private respondents points out that earlier in respect of the selfsame subject matter writ petition was preferred being WPA 4829 of 2019, wherein a Coordinate Bench was pleased to hold that the subject dispute is absolutely civil in nature, as

such the petitioner was directed to approach the appropriate forum for the remedies prayed for. Having considered that the issue was earlier considered by a Coordinate Bench, I am of the similar opinion that the dispute primarily is a civil dispute to be adjudicated by a Civil Court. So far as the police authorities are concerned they would in the circumstances oversee that no breach of the peace and/or tranquility takes place.

With the aforesaid observations WPA 15556 of 2025 is disposed of.

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.)