Shyamal Khan v. State Of West Bengal And ORS.

11.02.2025 W.P.A. 30338 of 2024 Item No.116 Ct. No.35 dc.

Shyamal Khan versus The State of West Bengal & Ors.

Mr. Raja Biswas, Mr. Abhijit Sarkar ... For the Petitioner.

Mr. Amal Kumar Sen, AGP, Mr. Jaladhi Das ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record. The petitioner is aggrieved by the fact that his property is being encroached and grabbed at the behest of the private respondents. It has been further alleged that the private respondents are blocking the egress and ingress of the petitioner and are trying to disturb the peaceful enjoyment of the property of the petitioner.

State has submitted a report which reflects that a suit was preferred being T.S. No. 405 of 2023 before the learned Civil Judge (Jr. Divn.), 1st Court, Howrah wherein it was submission of the petitioner that the defendant/club was possessing the eastern adjacent side of the suit property and they were trying to grab the suit property by way of illegally damaging the fencing of the suit property. The said report also reflects that a club exists. In view of number of general diary entries as well as proceedings under Section 107 of the Code of Criminal Procedure are being drawn up, I direct

that so far as the egress and ingress of the petitioner, if there is any dispute, the police authorities would ensure that over the said issue no breach of the peace and/or tranquility takes place and/or no untoward incident results because of the inimical relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 30338 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.)