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Calcutta High CourtWPA/23571/2024disposed

Prabir Jana v. State Of West Bengal And ORS.

2025-01-29Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

29.01.2025 WPA 23571 of 2024 Court No. 35 G.S.Das Prabir Jana -VsThe State of West Bengal & Ors.

Mr. Joydip banerjee Mr. Subhra Nag ... for the State-respondent(s) The petitioner alleges that his peaceful possession is being disturbed at the behest of the private respondents.

State has submitted a report which reflects that a civil suit being T.S.

No. 44 of 2022 has been filed by the private respondent no.5 which is pending before the learned Civil Judge (Jr. Divn.), 1st Court, Arambagh, Hooghly.

However, there was no ad interim injunction order passed by the said court and, it has been alleged by the petitioner that the petitioner is threatened as also

assaulted and on being informed, the police authorities are not taking appropriate action.

The report also reflects that the police authorities have drawn up a proceeding under Sections 126/135(3) of the BNSS.

If the petitioner is aggrieved by the inaction of the police authorities, he would be at liberty to approach the learned jurisdictional court under Section 175(3) of the BNSS.

In the meantime, the police authorities would keep a strict vigil and ensure that no breach of peace and tranquility takes place as also no untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 23571 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)