Ahammed Sarif Mondal v. The State Of West Bengal And ORS.

D/L 17 06.08.2025 Bpg.

ct.no.35 W.P.A.16994 of 2025 Ahammed Sarif Mondal

Versus

The State of West Bengal & Ors.

Mr. Lalratan Mandal Mr. Prabal Sarkar.

...for the petitioner.

Mr. Santanu Kr. Mitra Mr. Sanjay Mukherjee.

...for the State-respondents.

Mr. S. Banerjee.

...for the respondent no.7.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioner is aggrieved by the fact that in spite of purchasing the property, he is unable to enjoy the property as there has been interference by the private respondents. Petitioner is aggrieved as in spite of informing the police authorities, no steps have been taken.

On the other hand, Mr. Mitra, learned advocate appearing for the State submits a report. Report reflects that Partition Suit No.408 of 2025 is pending before the learned Civil Judge (Senior Division), Second Court, Berhampore and the next date is fixed on 14.01.2026. The police authorities

have already drawn up proceedings under Section 126 of the BNSS.

Learned advocate for the private respondent no.7 is present.

Be that as it may, since a civil court is already in seisin of the issue, I direct that the police authorities will only interfere in case there is violation of any law and order.

With the aforesaid observations, WPA 16994 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)