Calcutta High CourtWPA/26682/2024disposed

Sanaul Haque And ORS. v. The State Of West Bengal And ORS.

2024-12-04Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 242 04.12.2024 Kausik ct.no.35 W.P.A. 26682 of 2024 Sanaul Haque & Ors.

Versus

The State of West Bengal & Ors.

Mr. Pinaki Dhole Mr. Rabindra Kumar Pathak ...for the petitioner.

Mr. Supratick Shayanal ...for the respondent no. 6.

Mr. Santanu Kumar Mitra, Sr. Govt. Adv.

Mr. Subhabrata Das ...for the state.

Affidavit of service so filed by the petitioner be kept with the record.

State has also submitted a report.

Petitioners submit that they are being attempted to be evicted by the private respondents by use of force and on information being furnished before the police authorities, no action is being taken. Learned advocate submits that, information was furnished on 14.10.2024, inspite of the same no action has been taken by the police authorities. Report submitted by the state reflects that proceedings have drawn up under section 126 of the BNSS pursuant to the complaint so lodged on

14.10.2024 and enquiry was conducted thereafter General Diary Entry was recorded being GD Entry No. 1052 dated 20.10.2024 and proceedings were drawn up under section 126 BNSS being Mothabari PS NCR No. 1523 dated 20.10.2024.

In view of the petitioner being apprehensive regarding the act and action of the private respondents, I direct the police authorities to take steps by keeping a strict vigil and ensuring that no breach of the peace takes place.

Since a proceeding under section 126 of BNSS has been drawn up by the police authorities on or about 20.10.2024, I direct that the learned Executive Magistrate in seisin of the said proceedings will impose such conditions in the bond which would prevent the private respondents from further creating any harassment or disturbance upon the petitioner. With the aforesaid observations WPA 26682 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 appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)