Saheb Khan And ANR. v. State Of West Bengal And ORS.

22.12.2025 rc/ct.no.05 Item No.34 WPA No. 24870 of 2025 Saheb Khan & Anr.

Versus

The State of West Bengal & Ors.

Ms. Shreyasi Manna Ms. Irina Mallick ..for the Petitioners Mrs. Mousumi Halder Chowdhury Mrs. Susmita Chatterjee ... for the State Mr. Kunal Ganguly Ms. Tannistha Bandyopadhyay ... for the Private Respondent On the prayer of the petitioners, liberty is granted to them to add the private respondents in the cause title of the application. The cause title be amended accordingly. Report submitted by the State is taken on record. Learned counsel for the petitioners submits that the private respondents are raising illegal construction by encroaching upon their property. The said allegation is denied and disputed by the private respondents. It appears from the report submitted by the State that pursuant to the complaint lodged by the petitioners, enquiry was held and prosecution submitted under Section 126 of the BNSS. The petitioners filed a civil suit against the private respondents wherein the application seeking interim injunction filed by the petitioners has been rejected by the learned trial Court. Since the dispute

between the parties is civil in nature, the petitioners are at liberty to ventilate their grievance before the learned trial Court.

In the meantime, the police authority shall keep strict vigil in the area in order to avoid any untoward incident and ensure maintenance of peace and tranquility. The writ petition is 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)