Surab Sarkar Alias Surabuddin Sarkar v. The State Of West Bengal And ORS.

11.08.2025 W.P.A. 17342 of 2025 Item No.21 Ct. No.35 dc.

Surab Sarkar alias Surabuddin Sarkar versus The State of West Bengal & Ors.

Mr. Jayanta Mukherjee, Mr. Somnath Mukhopadhyay ... For the Petitioner.

Mr. Sumit Kumar Roy, Mr. Rezaul Hossain ... For the State.

Mr. Sauradeep Dutta, Mr. Riju Bhowmick, Ms. Mina Biswas, Mr. Himadree Ghosh ... For the Respondent Nos. 12 to 15. 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. A copy of the report be handed over to the learned advocate appearing for the petitioner.

Petitioner is aggrieved by the fact that in spite of the order dated 26.04.2022 passed in T.S. No. 468 of 2021 which is the status quo order in respect of possession over the suit land, the same is being violated by the private respondent nos. 4 to 11 and the police authorities on being informed are not taking any step.

State has submitted a report which reflects that proceedings are drawn up under Sections 126/135(3) of BNSS. Since the police authorities have drawn up proceedings under Sections 126/135(3) of BNSS, I am of the view that the police authorities have adhered to the provisions of

law. As the civil court has passed direction, for breach of any order of the civil court, petitioner would approach the concerned civil court for necessary directions.

Police authorities would only interfere, if there is any violation of law and order.

With the aforesaid observations, the writ petition being WPA 17342 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.)