Ms Abira Hazra v. State Of West Bengal And ORS.

09.12.2025 Ct. No.5 b.das WPA 27548 of 2025 Ms. Abira Hazra Vs.

The State of W.B. & Ors.

Mr. Biswarup Chatterjee Mr. Pritam Sarkar ...for the petitioner.

Mr. Asish Kr. Guha Mr. Rajendra Chaturvedi ...for the State.

Mr. Srimanta Kabir Mr. Avik Pramanick ...for the private respondents. Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

Heard learned counsels for the parties.

It is not in dispute that the property in question is a joint un divided property and the petitioner and the private respondents are co sharers thereof. The petitioner alleges that the private respondents are obstructing her from repairing the dilapidated boundary wall of the property and are threatening her with dire consequences.

Learned counsel for the private respondents denies and disputes the allegations made by the petitioner. Learned counsel for the State submits that there is a long standing dispute between the parties and on receipt of complaint by the petitioner, an enquiry has been held and prosecution has been submitted under Section 126 of the BNSS.

Upon consideration of the submission made on behalf of the parties, this Court is of the view that the dispute between the parties is civil in nature. The petitioner is at liberty to approach the appropriate civil forum for redressal of her grievance in accordance with law.

In the meantime, the police authority is directed to keep strict vigil over the area in view of the strained relation between the parties and to ensure peace and tranquility.

The writ petition is disposed of accordingly. 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.)