BABU SIL AND ORS. v. THE STATE OF WEST BENGAL AND ORS.
WPA/8989/2025 · 2025-05-06
Tirthankar Ghosh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20390 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20390 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L 35 06.05.2025 Bpg. ct.no.35
W.P.A.8989 of 2025
Shri Babu Sil & Ors. Versus The State of West Bengal & Ors.
Mr. Debasish Chattopadhayay Mr. Tirthankar Basu Ms. Suman Biswas. …for the petitioners.
Mr. Suman Sengupta Mr. Sambuddha Dutta Mr. Sanatan Panja. …for the State-respondents.
Affidavit-of-service filed by the petitioners be kept with the record. Petitioners are aggrieved by the fact that the water body which belongs to the petitioners are being involved in pisiculture and the private respondents, particularly the respondent no.12 having clout in the area is trying to create obstruction, both by theft of the fish in the water body as well as hindering the rearing of fish. State has submitted a report. Report reflects that police authorities have diarised the information so furnished being G.D. No.302 dated 05.09.2024 and G.D. No.436 dated 07.12.2024.
2 Having considered the nature of the accusations made by the petitioners, I am of the view that if the petitioners are in possession of materials including witnesses, petitioners would be at liberty to approach the jurisdictional Magistrate by invoking the relevant provisions of law for satisfying whether a cognizable or non-cognizable offence is made out. Learned Magistrate would appreciate and thereafter take steps by exercising his discretion in accordance with law. So far as the law and order issue is concerned, police authorities would keep a vigil and ensure there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the inimical relationship existing between the petitioners and the private respondents. With the aforesaid observations, WPA 8989 of 2025 is disposed of. Report submitted by the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioners. There will be no order as to costs. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court.
3 Urgent photostat certified copies of this
order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)