Sushil Samanta v. State Of West Bengal And ORS.

18.08.2025 W.P.A. 18272 of 2025 Item No.25 Ct. No.35 dc.

Sushil Samanta versus The State of West Bengal & Ors.

Mr. Debasis Sur, Mr. Himadri Shekhar Pal ... For the Petitioner.

Mr. Supriyo Chattopadhyay, AGP, Mr. Suman Dey ... For the State.

Mr. Prosenjit Mukherjee, Mr. Arghya Kamal Das, Ms. Babita Pramanik, Mr. Raja Roy ... For the private Respondents.

Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner and the private respondents.

Petitioner approached this Court as civil suit being T.S. No. 133 of 2025 is pending. Petitioner's main grievance is that a gift deed has been prepared. There are threats which are received by the petitioner and the petitioner is unable to exercise his right.

Learned advocate appearing for the private respondents denies the contentions of the petitioner and submits that since the civil court is already in seisin of the issue, police authorities have hardly any role to involve themselves.

State has submitted a report which reflects that proceedings under Sections 126/135 of BNSS

have been drawn up against the private respondents.

Be that as it may, since the civil court is in seisin of the issue, I am of the view that the police authorities will not involve themselves in respect of right, title and interest of the property. However, the police authorities would ensure that there is no violation of law and order.

With the aforesaid observations, the writ petition being WPA 18272 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.)