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Calcutta High CourtWPA/15754/2025disposed

Ganesh Chandra Mandal And ANR. v. The State Of West Bengal And ORS.

2025-07-29Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 54 29.07.2025 ct.no.35 Kausik W.P.A. 15754 of 2025 Ganesh Chandra Mandal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Sumit Routh ...for the Petitioner.

Mr. Dilip Kumar Mandal ...for the respondent no. 6.

Mr. Tapas Kr. Roy ...for the respondent no. 7.

Mr. Sankar Paul Ms. Kumari Shipra Roy ...for the respondent nos. 8 & 9.

Mr. Malay Krishna Dey Mr. Milan Kumar Maity ...for the State.

Learned advocate appearing for the petitioner is aggrieved by the fact that the private respondents are trying to grab the property of the petitioners. To that effect, information was furnished with the local police authorities, but no steps have been taken. On the other hand, police authorities have submitted a report after conducting an enquiry which reflects that a title suit being TS No. 304/2025 has been preferred before the learned Civil Judge (Junior Division), 2nd Court, Basirhat.

Prosecution has been drawn under section 126/135 of the BNSS.

Learned advocate for the private respondent no. 6 denies and disputes the contentions and further submits that there has been suppression of material facts, particularly with regard to the title suit which has been filed.

Learned advocate for the respondent nos. 8 and 9 submits that in respect of a joint property, petitioner is trying to establish his claim where a civil dispute exists by way of taking aid from the police authorities.

Learned advocate for the respondent no. 7 submits that the dispute complained of is absolutely civil dispute and the police authorities have no role to play.

Prima facie on an assessment of the facts, I am of the view that, the dispute is amongst the private parties and as such police authorities have hardly any role to play. However, the police authorities would assess regarding the strained relationship existing between the petitioner and the private respondents and ensure that no breach of the peace and/or tranquility takes place.

With the aforesaid observations WPA 15754 of 2025 is disposed of. Pending applications, if any, be consequently disposed of.

Report so submitted be kept with the record.

Copy of the report be handed over to the respective parties.

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

(Tirthankar Ghosh, J.)