Nimai Chandra Adhikary v. State Of West Bengal And ORS.

D/L 37 11.09.2025 ct.no.35 Kausik W.P.A. 20980 of 2025 Nimai Chandra Adhikary

Versus

The State of West Bengal & Ors.

Mr. Kaushik Sarkar ...for the Petitioner.

Mr. K. J. Yusuf, AGP Mr. Parikshit Goswami ...for the State.

Learned advocate appearing for petitioner submits that he has informed the Inspector-in-Charge, Bagnan Police Station, Howrah to the effect that on or about 03.05.2025 when certain building materials were being stacked and the petitioner was trying to construct his boundary wall certain miscreants along with civic volunteer threatened the petitioner as also assaulted him. Petitioner claims that a sum of Rs. 56,000/- was taken away and the police authorities even after receiving the information in respect of the incident till date did not take any steps.

State has submitted a report. Report reflects that an enquiry was conducted by Bagnan Police Station and on enquiry it was found on 04.05.2025 information was received by one civic

volunteer that the present petitioner were throwing out bricks, stone chips etc. from the land of PWD which was stored by the PWD. On receipt of such information the petitioner was asked to stop such activity and the same being ignored, photographs were taken. Consequent to which hot altercation took place between the said civic volunteer and the petitioner.

It is also reflected from the report that earlier as per written complaint of the petitioner Bagnan PS Case No. 204/24 was registered for investigation and on conclusion of investigation charge sheet has been submitted. There were earlier also criminal cases which are reflecting in the police report. There is a long standing land dispute between PWD and owner of the private land, which is situated behind the PWD land.

Petitioner's accusations that local miscreants are involved are not substantiated in the enquiry. However, the police authorities have admitted regarding a hot altercation taking place because of the materials of the PWD being thrown away.

Be that as it may, there is an existing dispute which the petitioner claims are not related to the land but at the behest of the local miscreants.

Having considered the nature of issues which have been canvassed in the writ petition, the only duty which the police authorities can adhere to is to restore breach of the peace and tranquility. Police authorities would keep a strict surveillance and ensure that there is no violation of law and public order.

So far as the insecurity which is being faced by the petitioner, if any complaint is received, police authorities would immediately take steps ensuring that petitioner is not subjected to any inconveniences by any individual.

With the aforesaid observations WPA 20980 of 2025 is disposed of.

Report submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)