Sk. Abdul Jabwar v. State Of West Bengal And ORS.
WPA 20888 of 2025 Sl.No.
17.09.2025 Court No. 35 Sk. Abdul Jabwar -VsG.S.Das The State of West Bengal & Ors.
Mr. Satyendra Agarwal Mr. Tarak Nath Sarkar Mr. Goutam Malik ... for the Petitioner(s) Mr. Suman Ghosh Mr. Arka Mondal ... for the State-respondent(s) Mr. F. Haque ... for the respondent nos. 7, 8 and 9 The petitioner submits that inspite of an order being passed in TS 30 of wherein the learned Magistrate restrained from disturbing the peaceful possession of the plaintiff in respect of the suit plot no. 157 which is a part of the schedule, the petitioner is still facing inconveniences in respect of peaceful enjoyment of his property. To that effect, the petitioner made a representation before the police authorities. However, the police authorities refused to act on the same.
Learned advocate for the State has drawn the attention of the Court to
the order dated 13.01.25 which reflects that the prayer for police help under Section 151 of the CPC has been rejected by the learned Civil Judge (Jr.
Divn.), 3rd Court, Pachim Medinipur in TS 30 of 2025.
State has submitted a report which reflects that a proceeding under Section 126 of the BNSS was instituted at the relevant point of time on or about 07.04.2025.
Having considered that the police authorities are well aware regarding the land dispute existing between the petitioner and the private respondents, I am of the opinion that if there are any violations of implementation of the order of the learned civil court or any breach thereof, the petitioner would approach the learned civil court for necessary remedies.
For the time being, the police authorities would keep surveillance as also
ensure that there is no violation of any law and order.
With the aforesaid observations, WPA 20888 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record. Copy of the report be handed over to the petitioner.
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.)