Mahafuj Molla v. State Of West Bengal And ORS.

WPA 17909 of 2025 Sl.No.

28.08.2025 Court No. 35 G.S.Das Mahafuj Molla -VsThe State of West Bengal & Ors.

Mr. Mujibar Ali Naskar Mr. Sandip Kr. Mondal ... for the Petitioner(s) Mr. Santanu Kumar Mitra, ld. Sr. Govt. Adv.

Mr. Amartya Pal ... for the State - Respondent(s) Mr. Dipankar Mandal Mr. Abdul Aziz Mondal ... for the private respondent nos. 11 Re The petitioner claims that inspite of the directions being passed by the learned Civil Judge (Jr. Divn.), 1st Court, Baripur in TS 173 of 2022 on or about 13.06.2022, the Officer-in-charge of Canning Police Station did not take any steps. Consequent to which, the private respondents have been disturbing and interfering with his peaceful possession as well as trying to encroach his property.

State has submitted a report which reflects that there is a long

standing land dispute existing between the petitioner and the private respondents.

Consequently, Canning PS Case No. 583 of 2024; Canning PS Case No. 92 of 2025; Canning PS Case No. 258 of 2025 and Canning PS Case No. 475 of 2025 have been registered and in each of the cases, on conclusion of the investigation, charge-sheet(s) have been submitted before the jurisdictional court.

Learned advocate for the private respondents disputes and denies the contentions so advanced by the petitioner.

I have considered the submissions of each of the parties and I am of the view that so far as the police authorities are concerned, at the relevant point of time, steps have been taken by the police authorities and the number of criminal cases itself would reflect regarding the police authorities being aware so far as the disputes between the petitioner and the private respondents

are concerned.

So far as the violation of any order relating to disturbing and/or interfering with the possession and encroachment of the property is concerned, the petitioner would take out an application before the learned civil court which is in seisin of the issues if there has been any breach and/or noncompliance of the said order by the police authorities.

However, so far as the issue before this court is concerned, I direct the police authorities to ensure that there is no violation of any law and order at the locale.

With the aforesaid observations, WPA 17909 of 2025 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.)