Calcutta High CourtWPA/28717/2024disposed

Sayed Jaharlal And ORS. v. State Of West Bengal And ORS.

2024-12-13Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

13.12.2024 WPA 28717 of 2024 Court No. 35 G.S.Das Sayed Jaharlal & Ors.

-VsThe State of West Bengal & Ors.

Mr. Arif Ekbal Molla Mr. Sujay Sarkar ... for the petitioner(s) Mr. Jayanta Samanta, Ld. Jr. Govt. Adv.

Mr. Kaustav Chatterjee ... for the State-respondent(s) Mr. S. Kulkarni ... for the respondent no. 8 Learned advocate for the petitioners submits that the private respondents are forcefully trying to evict them from their peaceful possession.

To that effect, a civil suit has already been filed and, in spite of the order of injunction, the same is being violated.

Learned advocate appearing for the private respondents, on the other hand, submits that they are the co-sharers

in respect of the property and there is no issue regarding the forceful possession being taken.

State has submitted a report, wherein, the Officer-in-charge of Ghatal police station contends that a proceeding under Section 126 of the BNSS has been drawn up and there is a chance of breach of peace and tranquility.

It is also contended that there is a long standing land dispute between the petitioners and the private respondent(s) over the share and partition of the ancestral land.

The report also reflects that the petitioner no.1, on enquiry, disputed and denied any type of physical assault being inflicted upon him.

Be that as it may, in view of the inimical relationship existing between the

petitioner and the private respondents, I direct the police authorities to ensure that no breach of peace and tranquility takes place as also no untoward incident results because of strained relationship existing between the petitioner and the private respondents.

With the aforesaid observations, WPA 28717 of 2024 is disposed of.

Report so submitted be kept with the record. Let 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.

(Tirthankar Ghosh, J.)