Calcutta High CourtWPA/28547/2024disposed

Rashmoni Devi @ Shaw v. The State Of West Bengal And ORS.

2025-08-26Hon'Ble Justice Tirthankar Ghosh2 pages

M/L 288 26.08.2025 ct.no.35 Kausik W.P.A. 28547 of 2024 Rashmoni Devi @ Shaw

Versus

The State of West Bengal & Ors.

Mr. Sabeer Ahmed Mr. Souvik Das Mr. Mun Mun Mishra ...for the petitioner.

Mr. Bishwambhar Jha Mr. H.K. Jha ...for the respondent no. 7.

Mr. Swapan Banerjee Ms. Ipsita Banerjee ...for the State.

Petitioner is aggrieved by the fact that petitioner is a septuagenarian lady whose property is being interfered with at the behest of the private respondent nos. 8 to 13. It has been complained by the learned advocate appearing for the petitioner that she is unsecured as there has been threat and coercion at the behest of the private respondents and there are issues relating to the petitioner enjoying her property in a peaceful manner without being interfered by the private respondent nos. 8 to 13.

Learned advocate for the State submits that absolutely a civil dispute has been given the cloak of

a criminal proceeding. Police authorities have no issue to interfere in respect of the nature of dispute complained of.

The respondent no. 7 happens to be the owner of the property and the petitioner is a tenant under the respondent no. 7.

Be that as it may, I find that there is a dispute between the petitioner and the private respondents over the property referred to in the writ petition. However, police authorities would not interfere in respect of right, title, interest, possession and occupation of the property concerned and it would be for the appropriate forum to consider the same.

So far as the police authorities are concerned, they will interfere in case they find there is any violation of law and order and the issue is such that in case the police authorities do not interfere, there is possibility of incidents being committed which would blow out of proportion. With the aforesaid observations WPA 28547 of 2024 is disposed of.

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

(Tirthankar Ghosh, J.)