Sadek Sk. v. State Of West Bengal And ORS.

D/L 16 21.11.2024 Kausik ct.no.35 W.P.A. 27469 of 2024 Sadek Sk.

Versus

State of West Bengal & Ors.

Mr. Samrat Paul Mr. Anishur Rahaman Mr. Saikat Pal ...for the petitioner.

Ms. Sabnam De Bardhan, Jr. Govt. Adv.

Ms. Sangeeta Roy ...for the state.

Affidavit of service so filed be kept with the record.

Petitioner is aggrieved by the fact that his construction of boundary wall has been obstructed by the private persons who are threatening of assaulting him.

According to the petitioner such persons are also threatening him of dire consequences. To that effect he has informed the local police station. But, there was no assistance rendered to him by the local police station.

Report submitted by the learned advocate for the state reflects that there is a land dispute between the petitioner and the private persons who have been

named in the communication made to the police authorities.

So far as the issue relating to dispute of land is concerned, petitioner would be at liberty to approach the jurisdictional civil court as the genesis of the dispute arose because of the petitioner intending to construct a boundary wall.

If the jurisdictional civil court deems fit and proper for allowing the petitioner to demarcate or construct the boundary wall, in that case, specific directions be passed upon the police authorities by the civil court and thereafter the police authorities would render necessary assistance to the petitioner. So far as the present stage is concerned, police has drawn up proceedings under section 126 of BNSS. Police authorities will continue to keep a strict vigil and ensure that no breach of the peace takes place at the locale.

With the aforesaid observations WPA 27469 of 2024 is disposed of.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)