Hasiful Kha v. State Of West Bengal And ORS.
M/L 15 15.01.2025 Bpg.
ct.no.35 W.P.A.30129 of 2024 Hasiful Kha
Versus
The State of West Bengal & Ors.
Mr. Joydip Banerjee Mr. Subhra Nag.
...for the State-respondents.
Mr. Malay Bhattacharyya.
...for the private respondents.
Petitioner has approached this Court being aggrieved by the inaction of the Officer-in-Charge, Joypur Police Station in respect of the representation submitted by him. The contents of the information as also the writ petition reflect that the dispute relates to a land and its demarcation for which the petitioner claims that he preferred a Title Suit being Title Suit No.59 of 2000 wherein decree was drawn by the learned Civil Judge (Senior Division), Bishnupur. The private respondents have already preferred an appeal being Title Appeal No.11 of 2004 which is still pending before the learned District Judge, Bankura. Records also reflect that the petitioner has filed an execution case also before the learned Civil Judge, (Senior Division), Bishnupur.
Having considered that the civil court is in seisin of the subject property-in-dispute which has
been referred to in the writ petition, I am of the opinion that no interference is required by this Court while exercising its power under Article 226 of the Constitution of India. However, the police authorities would keep a strict vigil and ensure that no breach of the peace takes place because of the existing strained relationship between the petitioner and the private respondents.
With the aforesaid observations, WPA 30129 of 2024 is disposed of.
There will be no order as to costs.
Report submitted by the State be kept with the record.
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.)