Ravi Sharma v. The State Of West Bengal And ORS.
M/L 238 12.09.2025 Bpg.
ct.no.35 W.P.A.30609 of 2024 Sri Ravi Sharma
Versus
The State of West Bengal & ors.
Mr. Mainak Biswas.
...for the petitioner.
Mr. Jayanta Samanta Mr. Prashant Kumar Tripathi.
...for the State-respondents.
The representation made to the police authorities itself reflects that an occupant is in possession of the tenanted premises of the petitioner. Petitioner made his representation with his version of events with the police authorities.
Police report submitted by the State reflects a different narration of facts but other person being in possession of the tenanted premises although the landlord has recognised the petitioner as a tenant. In the aforesaid set of facts, there are disputed question of facts which are required to be adjudicated by a civil court. As such, so far as the police authorities are concerned, they drew up a proceeding under Section 126 of the BNSS at the relevant point of time. Considering the fact that the police authorities have limited scope of interfering in
landlord tenant or sub-tenancy issues, I am of the view that the police authorities adhered to the provisions of law. Petitioner be well advised to approach the civil court for necessary directions if he intends to get his possession restored.
With the aforesaid observations, WPA 30609 of 2024 is disposed of.
There will be no order as to costs.
Report so submitted be kept with the record.
A copy of the report be handed over to the learned advocate appearing for the petitioner. 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.)