Md.Zafruddin v. The State Of West Bengal And ORS.

31.7.2025 DL.34 Court No.35 sg WPA 15763 of 2025 Md. Zafruddin Vs.

The State of West Bengal & Ors.

Mr. Manas Kumar Barman Mr. Shahzeb Frooqui ....for the petitioner.

Mr. Ranjan Kali Mr. Suresh Kumar Sahoo ....for the respondent no.5.

Mr. Moniruzzaman Mr. Shahariyar Alam ....for the State.

Affidavit of service filed by the petitioner is taken on record.

Learned advocate appearing for the petitioner, sought for police help as he was resisted, obstructed and prevented while affixing collapsible iron gate at his entrance. To that effect petitioner has also complain against the police authority, who according to the petitioner is hand in gloves along with the private respondent.

Learned advocate appearing for the private respondent submits that in case collapsible gate is affixed the business entrance of the petitioner would be jeopardized.

State has submitted a report. Report reflects that the entrance of the room of the petitioner is on the main road of Canal East Road whereas that of the respondent no. 5 is inside the lane as such over this issue the tenants have entered in a feud.

Police has no issues relating to the affixation of the collapsible gate, as the dispute between the petitioner and the respondent no.5 is absolutely a private dispute. Police authority as such without a direction from an appropriate Court of law particularly the Civil Court will not interfere. Since statutory remedies are available, I find no scope for invoking the provisions under Article 226 of the Constitution of India in respect of the disputes referred by the petitioner.

Accordingly, writ petition being WPA 15763 of 2025 is disposed of.

Report submitted be kept with the record.

Copy of the report handed over to the learned advocate for the petitioner.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

( Tirthankar Ghosh, J. )