← Library
Calcutta High CourtWPA/20132/2025disposed

Manindra Nath Majumdar v. The State Of West Bengal And ORS.

2025-09-03Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 44 03.09.2025 ct.no.35 Kausik W.P.A. 20132 of 2025 Manindra Nath Majumdar

Versus

The State of West Bengal & Ors.

Ms. Ipsita Ghosh ...for the Petitioner.

Mr. Jisan Iqbal Hossain ...for the private respondent.

Mr. Somnath Ganguli, AGP Mr. Supriya Majumdar ...for the State.

Affidavit of service filed be kept with the record.

Petitioner is aggrieved by the fact that he along with others are prevented from carrying on the pisciculture and/or fisheries at the water body and the same is in spite of directions passed by the Civil Court.

I find that the Civil Court directed the Inspector-in-Charge of Gangarampur Police Station to keep sanctity of the order passed by the learned Civil Judge (Junior Division), Gangarampur at Buniadpur and such order was passed on 30.10.2017.

State has submitted a report. Mr. Ganguli, learned Additional Government Pleader appearing on

behalf of the State submits a report which reflects that the Investigating Officer collected report from the BL & LRO, Gangarampur regarding the status of the water body under the relevant plot number referred to in the writ petition and it has been made known to the Investigating Officer that the lease, which was executed in favour of the petitioner and his associates, expired on 16.01.2012.

Learned advocate for the petitioner submits that the lease was renewed from time to time. Be that as it may, since the Civil Court is already in seisin of T.S. No. 229/2013, petitioner if faced with inconveniences would approach the Civil Court for necessary remedies.

Prima facie, I do not find police authorities have any role to involve themselves without any specific direction from a Court of Law. Considering the same, petitioner would approach the Civil Court for necessary prayers. If any authority or Civil Court passes any direction, police authorities would adhere to the same in accordance with law.

With the aforesaid observations WPA 20132 of 2025 is disposed of.

Report 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.

(Tirthankar Ghosh, J.)