Calcutta High CourtWPA/23315/2024disposed

Usha Debnath v. The State Of West Bengal And ORS.

2024-10-03Hon'Ble Justice Hiranmay Bhattacharyya2 pages

03.10.2024 Item No.77 PG Ct. No.7 W.P.A. 23315 of 2024 Usha Debnath vs.

The State of West Bengal & Ors.

Ms. Poulami Dutta ..... for the petitioner Mr. Amal Kr. Sen, Ld. AGP Mr. Tarak Karan.......for the State

1. The petitioner alleges that the private respondents herein have obstructed the ingress and egress of the petitioner from the main road to the patta land being L.R. Dag No. 2804 within Mouza-Dakshin Chandranagar, Police Station-Namkhana in the District-South 24-Parganas.

2. Record reveals that there is a dispute with regard to the demarcation of the said patta land and the pathway and the petitioner has approached the Block Land and Land Reforms Officer, Namkhana, District- South 24Pargans by a representation, which was received by the office of the Block Land and Land Reforms Officer, Namkhana, South 24-Parganas on April 25, 2024.

3. Mr. Sen, learned Additional Government Pleader appears for the State and files the report of the Officerin-Charge, Namkhana Police Station dated September 20, 2024. It appears from the said report that the

petitioner and the private respondent no. 7 are quarreling with each other with regard to the said pathway and the Namkhana Police Station has submitted a prosecution under section 126 BNSS (vide Namkhana PS PR No. 273 dated July 21, 2024 against the 7th respondent.

4. It will be open to the petitioner to pursue with her representation made before the Block Land and Land Reforms Officer with regard to the dispute as to demarcation of the patta land and the pathway.

5. However, it is the duty of the police authorities to maintain peace and tranquility at the locale.

6. Accordingly, this writ petition is disposed of by directing the Officer-in-Charge, Namkhana Police Station to see that no breach of peace takes place at the locale.

7. There shall be, however, no order as to costs.

8. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(HIRANMAY BHATTACHARYYA, J.)