Khokan Sikder v. State Of West Bengal And ORS.

November 27, 2025

(25) ARDR WPA 23208 of 2025 Khokan Sikder Vs.

The State of West Bengal & ors.

Adv. Gopal Mondal, ...for the petitioner.

Adv. Nayan Bihani, Adv. Papiya Banerjee, ...for the South Dum Municipality.

Adv. Susanta Paul, Adv. Sanchayita De, ..for the respondent nos. 10 to 12.

Adv. Sudipta Panda, Adv. Subhasish Banerjee, ....for the State.

Report submitted by the State is taken on record. The petitioner claims to be a co-sharer of the property in question along with the private respondents and alleges that the private respondents are trying to sell out the property without consent of the petitioner. The complaint lodged by the petitioner before the police authority has not been acted upon.

Denying the said allegation, learned counsel for the private respondents submits that the petitioner has no right, title or interest in respect of the property and is merely a adjoining owner thereof.

Learned counsel for the State submits that the dispute between the parties is civil in nature. Prosecution has been submitted under Section 126 of the BNSS and the police is maintaining vigil over the area to avoid any untoward incident.

Upon consideration the submission made on behalf of the parties, this Court is of the view that the dispute

between the parties is essentially civil in nature. The petitioner is at liberty to approach the appropriate forum for redressal of his grievance. However, the police authority shall continue to keep strict vigil over the area so that no untoward incident takes place and to ensure maintenance of peace and tranquility therein.

With the aforesaid observation and directions, the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)