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Calcutta High CourtWPA/23130/2025disposed

Raja Banerjee v. State Of West Bengal And ORS.

2025-09-25Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 93 25.09.2025 ct.no.35 Kausik W.P.A. 23130 of 2025 Raja Banerjee

Versus

The State of West Bengal & Ors.

Mr. S.T. Mina Mr. Pratim Sardar ...for the Petitioner.

Mr. Sounak Bhattacharya Mr. Sounak Mondal Ms. Bipasha Bhattacharyya ...for the respondent nos. 5 & 6.

Petitioner is aggrieved by the nonconsideration of the representation dated May 7, 2025 and September 9, 2025 with the Inspector-inCharge, Howrah Police Station. Petitioner has complained regarding theft of some properties including breaking open the lock of the shutter gate and lurking into the adjacent room by damaging the separation wall.

Records of the writ petition reflect that Title suit no. 796 of 2025 is pending before the learned Civil Judge (Junior Division), 3rd Court, Howrah. The prayers in the title suit are for eviction.

Learned advocate for the private respondents on the other hand submits the dispute

is in relation to an ancestral property and partition suit is pending.

Having considered that the nature of the dispute and the complaints have also been brought to the notice of the civil court, particularly the information furnished on 07.05.2025 before the Howrah Police Station, I am of the opinion that at this stage the police authorities will not be able to render appropriate assistance without a direction from the jurisdictional Civil Court. In case, there are specific directions from the civil court which is in seisin of the dispute, the police authorities would render appropriate assistance by way of respecting and obeying the orders passed by the civil court. In the meantime, police authorities would ensure that there is no breach of the peace and tranquility.

With the aforesaid observations WPA 23130 of 2025 is disposed of.

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

(Tirthankar Ghosh, J.)