Saifuddin Mallick And ORS. v. The State Of West Bengal And ORS.

WPA 18260 of 2024 Sl.No.

11.08.2025 Court No. 35 G.S.Das Saifuddin Mallick & Ors.

-VsThe State of West Bengal & Ors.

Mr. Subrata Guha Biswas Ms. Rinku Sen ... for the State - Respondent(s) Mr. Dhananjay Banerjee Md. Shamim Uddin Md. Samuel Haque Mr. Pralay Hazra ... for the respondent nos. 9-14 The records of the writ petition reflect that the petitioner approached this Court being aggrieved by the inaction of the police authorities. The prayers were for taking steps in connection with unauthorized construction and demolition of the same as also to remove the illegal construction.

State has a submitted a report which reflects that the police authorities on receipt of the information registered Deganga PS Case No. 223 of 2024.

Subsequently, on conclusion of the

investigation, charge-sheet has been submitted.

The police report also reflects that TS 340 of 2024 is pending before the learned Civil Judge (Jr. Divn.), 1st Court, Barasat.

Learned advocate for the private respondent nos. 9 to 14 submits that absolutely a civil dispute has been given cloak of a criminal proceeding and there is no involvement of the private respondents so far as the accusations are concerned.

Be that as it may, since the civil court is already in seisin of the issues and the main prayers relate to illegal and unauthorized construction, I am of the view that the police authorities have hardly any scope to involve themselves.

However, the police authorities would ensure that there is no violation of any law and order.

With the aforesaid observations, WPA 18260 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

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.)