Govardhan Das Binani v. State Of West Bengal And ORS.

WPA 20737 of 2025 Sl.No.

09.09.2025 Court No. 35 Govardhan Das BInani -VsG.S.Das The State of West Bengal & Ors.

Ms. D. Basu Mr. Jayanta Mukherjee Ms. P. Yadav ... for the Petitioner(s) Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ... for the State-Respondent(s) Mr. D. B. Mallick Ms. Arpita Goswami ... for the Respondent No. 9.

The petitioner is aggrieved by the fact that the private respondents are trying to throw him out from the tenanted premises without adhering to the provisions of law.

Learned advocate for the petitioner submits that a title suit has been preferred at the behest of the petitioner and there is an injunction order till disposal of the suit.

Learned advocate for respondent no. 9 submits that an eviction suit has also been preferred by the

private respondents and the same is pending. Learned advocate also submits that both the civil suit and the eviction suit are being heard analogously.

Learned advocate for the State submits a report which reflects that a long standing dispute over the possession of the petitioner is pending. The report also reflects regarding TS 746 of 2018 as well as TS 1277 of 2017, there is a proceeding under Section 163(2) of the BNSS.

case was instituted being Jorabagan PS Case No. 139 dated 27.08.2024 wherein the police authorities on conclusion of investigation submitted charge-sheet.

Again, it is reflected in the report that Jorabagan PS Case No. 142 dated 02.09.2024 has been registered under Sections 126(2)/351(2)/54 of the BNS. Another proceeding under Sections 79/351(2) of the BNS has also been registered. The Final Report has been submitted in connection with last of

the case.

Be that as it may, since there is a landlord and tenant dispute existing, the police authorities have hardly any role to involve themselves, except to the extent of the apprehension of the petitioner that he may be thrown out by respondent/landlord taking the law in his own hand.

Considering the aforesaid, I direct the police authorities to keep a strict vigil as also ensure that there is no violation of any law and order to the extent of due process of law not being followed.

With the aforesaid observations, WPA 20737 of 2025 disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Copies of the report be handed over to both the parties.

Parties to act on a server copy of this

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

(Tirthankar Ghosh, J.)