Santoshi Bagdi v. State Of West Bengal And ORS.

January 7, 2026

(53) ARDR WPA 25293 of 2025 Santoshi Bagdi Vs.

The State of West Bengal & ors.

Adv. Pampa Dey Dhabal, Adv. Sangita Banerjee, ... for the petitioner.

Adv. Anirban Datta, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

None appears for the private respondents despite service.

Learned counsel for the petitioner submits that the private respondents have been obstructing him from holding pisciculture in the water body purchased by him. The petitioner approached this Court in a writ petition being WPA 23653 of 2024 in this regard and by an order passed on 4th October, 2024, a coordinate Bench of this Court directed to ensure that there was no breach of peace at the locale. The petitioner alleges that despite such order, the private respondents are disturbing his peaceful possession in the property for which he lodged complaints before the police authority on 14th March, 2025 and 11th August, 2025 which have not been acted upon.

Taking this Court to the order dated 4th October, 2024, learned counsel for the State submits that there is a long standing dispute between the petitioner and the private respondents over share of fish.

Be that as it may, since the complaints lodged by the petitioner have not been acted upon by the police authority, the petitioner is at liberty to approach the jurisdictional Magistrate under Section 175 of the BNSS for redressal of his grievance. In the meantime, the police authority is directed to keep strict vigil over the area in order to avoid any untoward incident and to ensure maintenance of peace and tranquility.

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 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.)