Chandan Roy v. The State Of West Bengal And ORS

01.04.2025 Ct. No.2 Rohit Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 605 of 2025 Chandan Roy -vs- The State of West Bengal & Ors.

Mr. MAtan Chakraborty ...for the Petitioner Ms. Bedashruti Bose Mr. Sandip Guha Roy ...for the State Mr. Pretom Das ...for the Municipality Mr. Partha Bhowmick ....for the Respondent Nos.

7 & 8 Affidavit-of-service filed in Court be taken on record.

The petitioner has alleged inaction on the part of the police authorities for not providing the petitioner with necessary assistance for construction of the boundary wall encircling the property of the petitioner.

The learned Advocate appearing for the petitioner submits that the petitioner is the owner of a property and is trying to construct a boundary wall encircling his property for the purpose of protecting the property from encroachment by third parties.

The police authorities are not vested with the power to decide as to the physical boundary line of an immovable property.

From the complaint lodged by the petitioner before the Superintendent of Police and the Inspectorin-Charge, Kothwali Police Station it appears that the elder brother of the petitioner is raising objection against construction of the boundary wall.

The elder brother of the petitioner has been impleaded in this writ petition as respondent Nos. 7 & 8.

The learned Advocate representing the 7th and 8th respondents submits that the 7th and 8th respondents are co-sharers in respect of the property where the petitioner is attempting to construct a boundary wall.

After hearing the learned Advocates for the parties it appears to this Court that there is inter se dispute between the private parties in respect of an immovable property with regard to title and possession. Such a dispute cannot be decided by the police authorities. Therefore, the police authorities cannot be faulted for not rendering any assistance to the petitioners for the purpose of construction of the boundary wall.

However, the police authorities are duty bound to see that no breach of peace takes places at the locale.

With the above observations WPA 605 of 2025 stands disposed of.

(Hiranmay Bhattacharyya, J.)