Emajuddin Biswas And ORS. v. The State Of West Bengal And ORS.

Sl.No.

26.09.2024 WPA 20029 of 2024 Court No. 35 G.S.Das Emajuddin Biswas & Ors.

-VsThe State of West Bengal & Ors.

Mr. Golam Mostafa Mr. T. S. Samanta ... for the petitioner Mr. Vimal Kumar Shahi, Addl. Govt. Pleader Mr. SM Samim Ullah ... for the State Mr. Tanmoy Chattopadhyay ... for the respondents.

Report so submitted be kept with the record.

Affidavit of service so filed be also kept with the record.

Learned advocates for the petitioners, State and the private respondents are present.

Both the petitioners and the respondents are at loggerhead relating to a land dispute which is not under the

scope and determination of this Court.

However, I find from the report that certain proceedings are pending before the learned Executive Magistrate drawn under Section 107 of the cr.p.c.

and under Section 126 of BNSS.

In spite of the Executive Magistrate's in seisin of the matter, I direct that the police authorities would keep a strict vigil and there should not be any violation of the peace and tranquility in the locale with regard to the subject property.

It is reiterated that any dispute regarding the right, title and interest of a property is to be decided by the civil court. Neither the Executive Magistrate nor the police authorities will involve themselves in respect of any possession which is enjoyed by any of the parties in respect of the property for which disputes

have been raised.

With the aforesaid observations, WPA 20029 of 2024 is disposed of.

Pending application(s), 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.)