Sri Aditya Kumar Pal v. State Of West Bengal And ORS.

WPA 21242 of 2025 Sl.No.

11.09.2025 Court No. 35 Sri Aditya Kumar Pal -VsG.S.Das The State of West Bengal & Ors.

Mr. Malay Bhattacharyya Mr. Pradip Paul Mr. Gourab Ghosh Ms. Renesa Dey ... for the Petitioner(s) Mr. Sk. Md. Galib, Sr Adv.

Mr. Tamal Taru Panda ... for the State-Respondent(s) Learned advocate for the petitioner submits that inspite of a decree having been passed in favour of the petitioner in TS 137 of 2002, the private respondents are interfering and/or obstructing in peaceful enjoyment of the property. Such contentions are corroborated with the report submitted by the police authorities.

Having regard to the same, the police authorities have drawn up a proceeding under Section 126 of the BNSS.

Since the police authorities have drawn up a proceeding under Section 126

of the BNSS, they are directed that without the decree being set aside by the civil court, if the petitioner is in possession of the property, he would in an unhindered manner enjoy the property without any order from a court of law.

In the meantime, if there is any resistance or circumstance created by the private respondents, the police authorities would apply to the learned Executive Magistrate for stringent conditions to be imposed including the condition of staying outside the jurisdiction of the local police station.

With the aforesaid observations, WPA 21242 of 2025 is disposed of.

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

Report so submitted be kept with the record. A 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.)