Saidul And ORS. v. State Of West Bengal And ORS.

W.P.A. 15747 of 2025 Saidul & Ors.

VS The State of West Bengal & Ors.

Mr. Malay Bhattacharyya Mr. S. Ghosh ...for the Petitioners.

Mr. Rupannita Laha ...for the State Mr. Samrat Choudhury ...for respondent no.9.

Affidavit-of-service filed by the petitioners be kept 31.07.2025 Court No. 35 D/L. No.32 Rakib with the record.

Petitioner submits that earlier in WPA 21480/2021 by an order dated 07.04.2022 there was a direction passed upon the police authorities, however, the petitioners till date is being disturbed and obstructed in peaceful enjoyment of their property.

Learned advocate appearing for the private respondent no.9 submits that an injunction order which was initially passed was subsequently modified in T.S. 83/21 and the foundation of the order in the writ petition was on the basis of the initial ad interim order of injunction. Respondent further claims that the property is undemarcated and undivided property and partition suit is pending between the parties.

State has submitted a report. Report reflects that a proceeding under Section 126 of the BNSS has been drawn up.

Since the main grievance of the petitioners relate to disturbance and obstructions in enjoying the property, police authorities would continue their surveillance and ensure that no untoward incident results because of the existing inimical relationship between the petitioners and the private respondent.

With the aforesaid observations WPA 15747 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.)