Sekh @ Sk Ismail Mondal v. State Of West Bengal And ORS.

Sl.No.

27.09.2024 WPA 19928 of 2024 Court No. 35 G.S.Das Sekh @ Sk. Ismail Mondal -VsThe State of West Bengal & Ors.

Mr. Keshab Chandra Das Ms. Aparajita Mondal ... for the petitioner Mr. Susovan Sengupta Mr. Manas Kumar Sadhu ... for the State Mr. Md. K. Basar Bulbul Mr. Kamal J. Zamam ... for the respondent nos.4,5,7,8&9 Affidavit of service so filed be kept with the record.

The petitioner complains to the officer-in-charge of Dhaniakhali P.S. that he is being prevented from cultivating his land at the instance of the respondents, who are threatening with deadly weapons.

The report reflects that steps have been taken by the police authorities under Sections 126/135 of BNSS, 2023 vide

Dhaniakhali P.S. NCR No.-1010 of 2024 dated 05.08.2024.

As the ownership of the property cannot be decided by the police authorities, as such, the cultivation which the petitioner is continuing, as he claims, whether rightly or wrongly, is to be decided by the Civil Court.

However, so far as the said property is concerned, the police authorities would keep a strict vigil and ensure that no breach of peace and tranquility takes place at the subject property at the instance of both the parties.

With the aforesaid observations, WPA 19928 of 2024 is disposed of.

Pending application, if any, is also disposed of.

Parties to act on a server copy

of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)