Yusup Kayal And ORS. v. State Of West Bengal And ORS.

Sl.No.

13.11.2024 WPA 26055 of 2024 Court No. 35 G.S.Das Yusup Kayal & Ors.

-VsThe State of West Bengal & Ors.

Mr. Debabrata Sardar ... for the Petitioner Mr. Lakshminath Bhattacharya ... for the private respondent nos. 5 - 13 Ms. Sonal Sinha Mr. Saptak Sanyal ... for the State of West Bengal The petitioners are aggrieved by the fact that the private respondent nos. 5 to 13 are trying to encroach and destroy the properties belonging to them and also misappropriating their properties.

To that effect, the petitioner sent a complaint to the Inspector-in-charge of Kultali P.S.

The records of the case reflect that the petitioners have already filed an application under Section 163(2) of the

BNSS.

So far as the rights in respect of the properties are concerned, the petitioners would be at liberty to approach the jurisdictional civil court.

The petitioners in respect of the accusations so made, if a cognizable offence is made out, will approach the jurisdictional criminal court.

The jurisdictional civil court and/or the criminal court will, on an application being filed by the petitioners, consider the same in accordance with law.

The police authorities claim that they have kept a strict vigil. The police authorities are directed to see that no untoward incident takes place and also ensure that no breach of peace and tranquility takes place in the area over the issues complained of.

With the aforesaid observations, WPA 26055 of 2024 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)