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Calcutta High CourtWPA/17123/2024disposed

Ashoke Kumar Gayen v. State Of West Bengal And ORS.

2025-08-07Hon'Ble Justice Tirthankar Ghosh3 pages

WPA 17123 of 2024 Sl.No.

07.08.2025 Court No. 35 G.S.Das Ashoke Kumar Gayen -VsThe State of West Bengal & Ors.

Mr. L. N. Bhattacharya ... for the Petitioner(s) Mr. Jahar Lal De Mr. Sutanu Chakraborti ... for the State - Respondent(s) Mr. Shovvik Naskar Ms. Singdha Gupta ... for the private respondent(s) Re The petitioner approached this court with a prayer for restraining the private respondents from cultivating and erecting any construction over the landed property which has been referred to in the writ petition.

The petitioner further submits that there have been continuous interferences and disturbances at the behest of the private respondents and inspite of informing the police authorities, no steps have been taken.

Learned advocate for the State submits that already a civil suit being T.S.

237 of 2019 has been pending before the learned Civil Judge (Sr. Divn.), Diamond Harbour.

Learned advocate for the private respondent(s) disputes and denies the contentions so advanced by the petitioner and submits that since affidavits have not been invited, other allegations made in the writ petition are deemed not to have been admitted.

Having considered that the civil court is already in seisin of the issues, I am of the view that the police authorities would only restrict themselves to the limited extent of regulating the petitioner and the private respondent(s) in case there is violation of any law and order.

With the aforesaid observations, WPA 17123 of 2024 is disposed of.

Pending application(s), if any, is

also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)