Kazi Kayenul Islam v. The State Of West Bengal And ORS.

W.P.A. 30503 of 2024 Kazi Kayenul Islam.

VS The State of West Bengal & Ors.

Mr. Saptangsu Basu, Sr. Adv, Mr. Lutful Haque, Ms. Taharima Khatun.

... for the Petitioner.

Mr. Naba Kumar Das, Mr. Parvez Mallik, Mr. Dabayan Roy Chowdhury, ...for the respondent nos. 5 & 6.

Mr. Asish Kumar Guha, Mr. Benazir Ahmed.

...for State.

Pursuant to the order dated 15.01.2025 the 01.05.2025 Court No. 35 Item No.18 Rakib Inspector-in-Charge Kanksa Police Station submitted a report which reflects that Kanksa Police Station case no. 18/25 dated 18.01.2025 has been registered for investigation under the relevant provision of BNS. Learned advocate appearing for the respondent nos. 5 and 6 intend to file an affidavit-in-opposition in respect of the accusations made in the writ petition. So far as the issue relating to possession is concerned, the petitioner is already before the Civil Court to establish his right. Consequently, the purpose for which the writ petition has been preferred has been subserved. Further pendency of the writ petition as was is unwarranted.

Since no affidavits at this stage is called as police authorities have taken steps it would be deemed that the

accusation made in the writ petition are deemed not to have been admitted.

With the aforesaid observations WPA 30503 of 2024 is disposed of.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to both the parties.

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.)