Nurul Islam v. State Of West Bengal And ORS.

24.09.2025 W.P.A. 22448 of 2025 Item No.82 Ct. No.35 dc.

Nurul Islam versus The State of West Bengal & Ors.

Mr. Benazir Shaikh, Mr. Ibrahim Shaikh ... For the Petitioner.

Mr. Biswarup Biswas, Mr. S. P. Roy ... For the State.

Mr. Rajendra Banerjee, Mr. Souvik Ganguly ... For the Respondent Nos. 5 & 6. Mr. Ashis Kumar Paul ... For the Respondent No.7.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. Petitioner claims to be tenant in respect of a shop-room and is apprehensive regarding the act and action of the present Committee for throwing away the petitioner from the possession.

Learned advocate appearing for the State submits that on inspection, it has been revealed that the petitioner is not in possession.

Learned advocate appearing for the private respondent nos. 5 and 6 opposes in respect of possession of the petitioner.

On the other hand, learned advocate appearing for the private respondent no.7 supports the possession of the petitioner.

Be that as it may, since the issue is arising out of an agreement, it would be advisable for the petitioner to approach the jurisdictional civil court. Since the police authorities have already drawn up proceedings under Section 126 of BNSS, I am of the view that the police authorities would keep a strict vigil and ensure that no untoward incident results because of the changed circumstances which may create inimical relationship amongst the parties.

With the aforesaid observations, the writ petition being WPA 22448 of 2025 is disposed of. A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)