Haradhan Ghosh v. State Of West Bengal And ORS.

D/L 20 11.02.2025 Bpg.

ct.no.35 W.P.A.28374 of 2023 Haradhan Ghosh

Versus

The State of West Bengal & Ors.

Mr. Sabyasachi Bhattacharjee.

...for the petitioner.

Mr. Wasim Ahmed Mr. Md. Shehabuddin.

...for the State-respondents.

Ms. Swapna Roy.

...for the respondent nos.4 to 7.

Supplementary affidavit filed by the petitioner be kept with the record.

In the supplementary affidavit petitioner has referred to Dhubulia P.S. G.E. Entry No.850 dated 15.03.2024. The main grievance of the petitioner is that the private respondents are obstructing the petitioner from cultivating his own land.

Learned advocate appearing for the private respondent nos.4 to 7 submits that a partition suit is pending between the parties wherein the learned civil court in T.S. No.165 of 2023 passed an order directing the parties not to change the nature and character of the suit property as on 26.04.2023. It has been submitted that the said order is still persisting.

In view of the nature of the civil court's order and the dispute existing between the petitioner and

the private respondents, police authorities have no role to play over here.

Petitioner has subsequently complained that the agricultural equipment has been taken away at the behest of the private respondents.

Petitioner would be at liberty to approach the jurisdictional criminal court by invoking the relevant provisions of law. The learned court would assess regarding the accusations and would exercise his discretion for passing necessary orders, if he deems fit and proper.

In view of the nature of the strained relationship existing between the parties, police authorities would keep a vigil and ensure that no breach of the peace and/or tranquility takes place. With the aforesaid observations, WPA 28374 of 2023 is disposed of.

There will be no order as to costs.

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.)