Mohammad Kamruzzaman Shaikh v. State Of West Bengal And ORS.

Court No. 35 (265777) WPA 30034 of 2024 Mohammad Kamruzzaman Shaikh 20.12.2024 Vs.

State of West Bengal & Ors.

(AD 49) (S. Banerjee) Mr. Abul Mansoor ...for the petitioner Mr. Himadri Sikhar Chakraborty ...for the State Mr. Md. Farhaduddin ...for the private respondent Petitioner is aggrieved by the fact that he is being threatened by the local goons at the behest of certain developers. The petitioner apprehends that the said goons have been sent by the respondent no. 5. Learned advocate for the respondent no. 5 submits that the Mutwallis have not been made a party, neither the Wakff Board. The respondent no. 5 has been referred to as Kolkata Joint Wakf Estate. State has submitted a report. Report of the State contains information about facts which are existing but, no action has been taken by the police authorities.

Having considered that the petitioner is apprehensive regarding the act and actions of certain persons who are disturbing their peaceful possession

and are attempting to encroach upon the portion of the premises enjoyed by him, I direct the police authorities to keep a strict vigil over the locality to ensure that no breach of peace takes place there. If the petitioner is of the view that the police authorities are not taking any step, the petitioner may approach the jurisdictional Magistrate with appropriate prayers under the relevant provisions of law and the learned Magistrate would consider the same adhering to the provisions of BNS and pass necessary orders.

With the aforesaid observations WPA 30034 of 2024 is disposed of.

(Tirthankar Ghosh, J.)