Krishna Pada Roy v. State Of West Bengal And ORS.

D/L76 18.11.2024 Bpg.

ct.no.35 W.P.A.23987 of 2024 Krishna Pada Roy

Versus

The State of West Bengal & Ors.

Mr. Subhas Ch. Saha.

...for the petitioner.

Mr. Asish Kumar Guha Mr. Rajendra Chaturvedi.

...for the State-respondents.

Affidavit of service filed by the petitioner be kept with the record.

Petitioner claims that his right as a bargadar by inheritance is being affected by the private respondents and to that effect he has lodged complaint with the police authorities. The dispute referred to is purely civil in nature. The competent civil court would adjudicate the same.

I have considered the report submitted by the Inspector-in-Charge, Patharpratima Police Station which reflects that they have already drawn up proceedings under Section 126 of the BNSS.

Having considered that the right of the petitioner is to be established through a civil court, I am of the view that the power of this Court under Article 226 of the Constitution of India is not be invoked.

Petitioner is granted liberty to approach the appropriate civil court for establishing his right. In the meantime, the police authorities would keep a strict vigil and ensure that no breach of peace takes place.

With the aforesaid observations, WPA 23987 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted by the learned advocate for the State be kept with the record.

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

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)