Hasem Ali Raj @ Hasem Raj And ORS. v. State Of West Bengal And ORS.

30.07.2025 W.P.A. 16390 of 2025 Item No.53 Ct. No.35 dc.

Hasem Ali Raj @ Hasem Raj & Ors.

versus State of West Bengal & Ors.

Mr. Abhik Kumar Sharma, Ms. Shreya Ghosal ... For the Petitioner.

Mr. Suman Ghosh, Mr. Sabyasachi Mukherjee ... For the State.

Mr. Soumen Barman, Mr. U. Khan ... For the Respondent No.13.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioners are aggrieved by the fact that in spite of representation made to the SDPO for police protection and police picket for the purposes of cultivation, the same was not responded to by the concerned office. Petitioners insist on police protection and police picket for cultivation. State has submitted a report which reflects that criminal cases have been instituted earlier. There has been a dispute over the title of a property. However, the petitioners claim to be in possession. On the other hand, respondent no.13 submits that she is a married lady and she has been unnecessarily being implicated in the present writ petition.

Be that as it may, police authorities have drawn up proceedings under Section 126 of BNSS

on 15.05.2025. The same would be presumably continuing till 15.11.2025. Having considered that a proceeding under Section 126 of BNSS has already been drawn up by the police authorities, I direct the police authorities to ensure breach of the peace and tranquility as also if they find that any of the parties are creating disturbance to impose a bond so that no untoward incident can take place. Even if any of the party is adamant for creating any disturbance, the learned Executive Magistrate be approached so that the person creating disturbance may be directed to stay outside the jurisdiction of the concerned police station.

So far as the prayer for police picket is concerned for the purposes of cultivation, I am not inclined to grant the same. As such, the said prayer is refused.

With the aforesaid observations, the writ petition being WPA 16390 of 2025 is disposed of. There will be no order as to costs.

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.)