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Calcutta High CourtWPA/21529/2024disposed

Nripen Naskar And ORS. v. The State Of West Bengal And ORS.

2025-02-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.02.2025 W.P.A. 21529 of 2024 Item No.29 Ct. No.35 dc.

Nripen Naskar & Ors.

versus The State of West Bengal & Ors.

Mr. Amit Bikram Mahata, Mr. Sahil Kabir ... For the Petitioners.

Mr. Sangeeta Sinha, Mr. Sandip Mandal ... For the State.

Mr. Soumik Ganguli, Ms. Priti Burman ... For the Respondent Nos. 8 to 14.

Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioners.

The petitioners are aggrieved by the fact that the private respondents have encroached upon the property of the petitioners and in spite of informing the police authorities, no action has been taken. Learned advocate appearing for the private respondent nos. 8 to 14 submits that the petitioners have distorted the facts to their own advantage.

I have considered the submissions advanced on behalf of the petitioners, the State and the private respondents and I find that the nature of the dispute is such that the right, title and interest of the property are to be decided by the appropriate forum. The police authorities can only restrict themselves, if there is a violation of law and order.

In view of the aforesaid, the petitioners would be at liberty to approach the appropriate authorities with specific prayers by invoking relevant provisions of law.

Since the report reflects that the police authorities are keeping strict vigil, they would continue their surveillance and ensure that no breach of the peace or tranquility takes place and/or any untoward incident results because of the strained relationship existing between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 21529 of 2024 is disposed of. There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)