Prodyut Jana v. The State Of West Bengal And ORS.

WPA 18180 of 2025 Sl.No.

19.08.2025 Court No. 35 G.S.Das Prodyut Jana -VsThe State of West Bengal & Ors.

Mr. Rajdeep Bhattacharya Mr. S. S. Majumdar Mr. Himadree Ghosh ... for the Petitioner(s) Mr. Jyoti Prakash Chatterjee Mr. Arunava Maiti ... for the State-Respondent(s) The petitioners complain that inspite of being in possession, the private respondents are interfering at the time of cultivation. To that effect, according to the petitioner, the private respondents are forcefully trying to grab his property and, on occasions, there have been instances where he was assaulted by the private respondents.

Information, to that effect, has been sent to the police station, but, the police authorities have refused to take any step.

State has submitted a report which reflects that on 05.12.2024, the police authorities reduced the information as GDE No. 251. The report further reflects that the police officers visited the place referred to in the writ petition and found no adverse situation.

Having considered that the petitioner has already informed the police authorities relating to the incident of threat and assault as also the fact that the police authorities found no adverse situation, I am of the opinion that if the petitioner is having materials in his possession, he would approach the jurisdictional Magistrate under the relevant provisions of law. The learned Magistrate would assess and ascertain regarding the genuinity of the accusations, thereafter, pass necessary directions as he/she deems fit and proper.

As the report of the police authorities reflects that number of General

Diary Entries as well as proceedings under Section 107/116 of the Cr.P.C. as well as proceeding under Section 126 of the BNSS have been drawn up, I am of the opinion that prima facie there may be issues relating to law and order. As such, the police authorities would only restrict themselves for maintaining law and order and would also ensure that the situation is not blown out of proportion.

With the aforesaid observations, WPA 18180 of 2025 is disposed of.

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

Report so submitted be kept with the record. A copy of the report be handed over to the petitioner.

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.)