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Calcutta High CourtWPA/24612/2025disposed

Shyamal Kumar Dey And ANR. v. State Of West Bengal And ORS.

2025-12-15Hon'Ble Justice Suvra Ghosh2 pages

15.12.2025 Ct. No.5 b.das WPA 24612 of 2025 Shyamal Kumar Dey & Anr.

Vs.

The State of W. B. & Ors.

Mr. Mujibar Ali Naskar Mr. Sandip Kr. Mandal Ms. Ritika Yadav ...for the petitioner.

Mr. Subhajit Chowdhury ...for the State.

Md. Yunush Mondal ...for the private respondents.

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 though they have inherited the property in question from their predecessor in interest, the private respondents are disturbing their peaceful possession therein and threatening them with dire consequences.

Learned counsel for the private respondents submits that the predecessor in interest of the petitioners transferred the property in their favour and they have been possessing the same for a long time.

Learned counsel for the State submits that it was found during enquiry that the private respondents have been possessing the said property as bargadars therein for a long time and they also have title deeds in their favour.

The complaint lodged by the petitioners has been diarized and prosecution under Section 126 of the BNSS has been submitted.

There appears to be a long standing land dispute between the parties. The petitioners are at liberty to approach the appropriate civil Court for redressal of their grievance.

Since the petitioners apprehend threat to their life and property, the police authority is directed to keep strict vigil over the area in order to ensure 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 upon compliance with all requisite formalities.

(Suvra Ghosh, J.)