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Calcutta High CourtWPA/23145/2022disposed

Gour Hari Sardar And ANR v. State Of West Bengal And ORS.

2023-02-28Hon'Ble Justice Rajasekhar Mantha2 pages

28-02-2023 ct no. 13 Sl.2 sp WPA 23145 of 2022 Gour Hari Sardar & Anr.

-VersusThe State of West Bengal & Ors.

Mr. Shamik Bagchi ....for the petitioners Mr. Sankar Prasad Dalapati, Mr. Satyajit Mahata ...for the private respondents Affidavit of service filed in Court today is taken on record.

The petitioners complain that the private respondents are obstructing construction of a boundary wall on his premises.

The Bakultala Police Station, South Parganas has submitted a report dated February 28, 2023, which is taken on record.

The report indicates that the disputes between the private respondents and the petitioners over the issue of a pathway where both parties assert rights in respect thereof.

In those circumstances, the parties shall have to approach a Civil Court in this regard. The police have no role to play in deciding the title and demarcation of the petitioners' property.

The Bakultala Police Station, South Parganas shall, however, ensure that there is absolutely no breach of peace in the area.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)