Gopal Ghosh And ORS. v. State Of West Bengal And ORS.
09.01.2026 rc/ct.no.05 Item No.08 WPA No. 25086 of 2025 Gopal Ghosh & Ors.
Versus
The State of West Bengal & Ors.
Mr. Sabyasachi Chatterjee Mr. Pintu Karar Mr. Akashdeep Mukherjee Ms. Meghna Chowdhury ..for the Petitioners Mrs. Gopa Roy Mrs. Amrita Tewari ....for the State Affidavit of service filed by the petitioner and report submitted by the State are taken on record. Learned counsel for the petitioners submits that earlier a writ petition was filed by the petitioners alleging police inaction wherein by an order passed on January 27, 2025, a coordinate Bench of this Court directed the police authority to ensure that no dispossession would take place without due process of law and also there would be strict vigil so as to ensure that no untoward incident took place because of the inimical relationship between the parties.
Learned counsel for the State submits that due to subsequent event, the petitioners lodged several complaints before the police authority, the last complaint being lodged on October 30, 2025 which was not acted upon.
It appears from the report submitted by the State that pursuant to the complaint lodged by the petitioners on October 31, 2025, enquiry has been held and prosecution submitted under Section 126 of the BNSS. Civil suits are pending between the parties.
The dispute is essentially civil in nature. The petitioners are at liberty to ventilate their grievance in the pending civil suits before the learned trial Court. They are also at liberty to approach the jurisdictional Magistrate under Section 175 of the BNSS for redressal of their grievance.
In the meantime the police authority shall continue their surveillance in the area in order to avoid any untoward incident and shall 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)