Jay Gopal Halder v. State Of West Bengal And ORS.

D/L 19 03.09.2025 Bpg.

ct.no.35 W.P.A.19796 of 2025 Jay Gopal Halder

Versus

The State of West Bengal & ors.

Mr. Falguni Bandyapadhyay Mr. Jagadish Chandra Halder.

...for the petitioner.

Mr. Somnath Ganguly Ms. Pratiti Das.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner complains that he purchased the property and the private respondents with a design to encroach upon the property of the petitioner constructed a temporary tea stall. The petitioner protested against the act and the action of the private respondents when they were threatened of dire consequences.

State has submitted a report. Report reflects that a tea stall is present made of bamboo and plastic sheet which is beside the Uttarabad to Mandirghat metal road which belongs to PWD. In between the land of the petitioner and the temporary structure there is 30 feet wide Nayanjuli. In order to prevent any breach of the peace, police authorities have

already drawn up proceedings under Section 126 of the BNSS.

In view of the present situation prevailing, if the petitioner is facing any inconveniences while entering his property or enjoying the property, petitioner will inform Dholahat Police Station and the police authorities would in such case ensure that no obstruction/resistance is created by any individual for enjoying the property which has been purchased by the petitioner.

With the aforesaid observations, WPA 19796 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)