Lakshindar Halder v. State Of West Bengal And ORS.

D/L 29 06.08.2025 ct.no.35 Kausik W.P.A. 17350 of 2025 Lakshindar Halder

Versus

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Vishal Mallick ...for the Petitioner.

Mr. Amitabrata Roy, Ld. AGP Mr. Sudipto Panda Mr. Shibasish Banerjee ...for the State.

Petitioner is aggrieved by the fact that certain machineries and materials are lying in the brickfield which the petitioner is unable to retrieve because of the private respondents.

I find that earlier the petitioner has approached this Court. However, the petitioner claims that forcefully the brickfield has been occupied.

State has submitted a report which reflects that Title Suit No. 391/2023 is pending. There were earlier directions in Misc. Appeal No. 41/2023. Several criminal cases have been registered being Kulpi PS Case No. 29/2024, Kulpi PS Case No.

33/2024, Kulpi PS Case No.

85/2024 and proceedings are there also under section 107/116 of

the Cr.P.C. Additionally, the respondent no. 4 has also filed Title Suit No. 72/2025 before the learned Civil Judge (Junior Division), Diamond Harbour. Considering that the petitioners are before the Civil Court particularly with regard to establishment of right over the brickfield and the Civil Court is completely in seisin of the issue, the prayers, specifically with regard to materials which the petitioner intends to take out, be considered by the learned Civil Court.

Police authorities are well aware regarding the dispute and difference between the petitioner and the private respondents. Police authorities will continue their vigil and would act only if there is crisis in law and order.

With the aforesaid observations WPA 17350 of 2025 is disposed of.

Report submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)