← Library
Calcutta High CourtWPA/24611/2025disposed

Pranab Kumar Dhara And ANR. v. State Of West Bengal And ORS.

2026-03-24Hon'Ble Justice Saugata Bhattacharyya3 pages

24.03.2026 M/L 197 Ct No. 5 SG WPA 24611 of 2025 Pranab Kumar Dhara & Anr.

Vs State of West Bengal & Ors.

Mr. Tonmoy Chottopadhyay, Mr. Arijit Pradhan.

...for the petitioner Mr. Malay Kumar Singh, Ms. Neelam Singh.

...for the State Ms. Juin Dutta Chakraborty, Mr. Bidan Modak.

...for respondent no.5 1.

The matter is heard in presence of the learned advocates representing the petitioners, State respondents and respondent no.5.

2.

It is contended on behalf of the petitioners that in spite of order passed by Civil Judge (Junior Division), Haldia, Purba Medinipur on 19.12.2024 in connection with Title Suit No. 355 of 2012, private respondents are obstructing the petitioners from using pathway. It is also contended a complaint was lodged with the concerned police station and prayer is made in this writ petition thereby directing the concerned police authorities to protect the right of the petitioner over the said pathway which would facilitate the petitioners to use the pathway. 3.

Learned advocate representing the State respondents has filed a communicated dated 25.11.2025

of the Officer-in-Charge, Sutahata Police Station, Purba Medinipur and the same is taken on record.

4.

It is disclosed in the communication dated 25.11.2025 based on the complaint lodged by the petitioner criminal prosecution being PS Case no 309/25 dated 25.09.2025 under certain provisions of BNS was initiated on registering FIR. Notices were issued under Section 35(3) of BNSS which were complied with. Accused persons cooperated with the investigation and five of them obtained bail from learned Additional Chief Judicial Magistrate-II, Haldia. Other six accused persons were released during investigation.

On completing investigation charge-sheet was submitted against five accused persons.

5.

Considering the aforesaid steps taken by the police authorities it appears no further direction is required to be made save and except directing the police authorities to maintain peace and tranquility at the locale and keep vigil.

6.

Petitioner shall also be at liberty to approach the civil court if ad interim order of injunction passed on 19.12.2024 is not complied with since police authority is not authorized to decide the inter se right of the parties over the suit property.

7.

Accordingly, the writ petition is disposed of.

8.

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

9.

Copy of the communication dated 25.11.2025 is made over to the learned advocate representing the petitioner and respondent no. 5.

(Saugata Bhattacharyya, J.)