Joydul Hoque And ORS. v. The State Of West Bengal And ORS.

15.01.2025 W.P.A. 30164 of 2024 Item No.20 Ct. No.35 dc.

Joydul Haque & Ors.

versus State of West Bengal & Ors.

Mr. Anirban Das ... For the Petitioners.

Mr. Suman Ghosh, Mr. Gaurav Das ... For the State.

Mr. Anirban Tribedi, Ms. Sucheta Bhatta ... For the Respondent Nos. 8 to 12. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioners have informed the police authorities alleging threats of dire consequences at the behest of the private respondents. Records reflect that the petitioners and the private respondents are contesting before the civil court. The petitioners earlier approached this Court wherein by an order dated 01.05.2023 in WPA 22306 of 2022 a coordinate Bench of this Court was pleased to pass necessary directions.

State has submitted a report which reflects that the private respondents have preferred civil revision being C.O. 1597 of 2022. The report is also enclosed with the order passed in respect of the Civil Suit by an appeal court wherein in Misc. Appeal No. 96/2018, the learned Additional District and Sessions Judge, 1st Court, Lalbagh,

Murshidabad was pleased to set aside the order dated 30.08.2018 passed by the learned Civil Judge (Jr.Division), Additional Court, Lalbagh, Murshidabad in Misc. (L.R.) No. 31 of 2015.

Since the petitioners and the private respondents are contesting before the civil court, no order need be passed so far as the right of the parties are concerned. However, since there is a strained relationship existing between the petitioners and the private respondents, the police authorities, as they have already drawn up proceedings under Sections 126/135(3) of BNSS, will keep a strict vigil and ensure that no untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations, the writ petition being WPA 30164 of 2024 is disposed of. There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)