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Calcutta High CourtWPA/29441/2024disposed

Mrityunjoy Bankdar And ORS v. State Of West Bengal And ORS.

2024-12-13Hon'Ble Justice Tirthankar Ghosh2 pages

D/L21 13.12.2024 Bpg.

ct.no.35 W.P.A.29441 of 2024 Mrityunjoy Bankdar & Ors.

Versus

State of West Bengal & Ors.

Mr. Ziaul Haque.

...for the petitioners.

Mr. Santanu Kumar Mitra Mr. Subhabrata Das.

...for the State-respondents Mr. Kanail Lal Mondal.

...for the respondent nos. 5 & 6.

Affidavit of service filed by the petitioners be kept with the record.

Petitioners complain that the private respondents are disturbing the peaceful enjoyment of their property and creating obstruction.

Learned advocate appearing for the State has submitted a report. Report reflects that on the basis of written complaint of Mrityunjoy Bankdar, a specific case has been registered being Sonarpur P.S. Case No.1653 of 2024 dated 12.12.2024. Investigation of the said case is in progress further. Earlier, I find that the proceedings under Section 126 of the BNSS have also been drawn up.

Learned advocate appearing for the private respondents submits that they are not involved in any disturbance in respect of the property in dispute. Report also reflects that the issue relating to any illegal construction has been kept under surveillance by the police authorities.

In view of the petitioners and the private respondents being at loggerhead, the police authorities are directed to maintain breach of the peace and tranquility and to ensure that no untoward incident results from the inimical relationship existing between the parties.

With the aforesaid observations, WPA 29441 of 2024 is disposed of.

Report so submitted by the State 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.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)