Habibur Rahaman Khan And ORS. v. State Of West Bengal And ORS.
11.11.2025 In the High Court at Calcutta Item no. DL 27 Court No. 26 Asraf, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.
WPA 23900 of 2025 In the matter of :
HABIBUR RAHAMAN KHAN & ORS.
.... Petitioners VS.
THE STATE OF WEST BENGAL & ORS.
....Respondents For the Petitioners :
Mr. Balaram Pandit (via VC) Mr. Krishna Deo Das ....Advocates For the Respondent / State :
Mr. Tanmoy Kumar Ghosh Mr. Subhajit Roy ....Advocates For the Respondent nos. 5 to 9 :
Mr. Sounak Bhattacharya Mr. Sounak Mondal Ms. Bipasha Bhattacharyya ....Advocates Affidavit of service filed by the petitioners and report submitted by the State are taken on record. Heard learned counsels for the parties.
The petitioners allege that the private respondents have been disturbing their peaceful possession in respect of the property in question, are trying to demolish their shoprooms therein and threatening them with dire consequences.
The report submitted by the State indicates that no cognizable offence having been made out on spot enquiry, the complaint was diarized.
It appears that there is a long standing civil dispute between the parties. The private respondents filed a title suit against the petitioners which being dismissed, an appeal is pending.
Since the petitioners allege disturbance of their peaceful possession in the property in question, they are at liberty to approach the appropriate forum for redressal of their grievance. However, the police authority is directed to maintain strict vigil in the area so that no untoward incident takes place and peace and tranquility is maintained.
The writ petition is accordingly disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.
Urgent certified website copy of this order, if applied for, be supplied to the parties expeditiously after complying with all requisite formalities. ( Suvra Ghosh, J. )