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2025 DAILYLAW 21049 (CAL)

NIMAI HALDER v. STATE OF WEST BENGAL AND ORS.

WPA/9439/2025 · 2025-05-21

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 20 21.05.2025 Bpg. ct.no.35 W.P.A.9439 of 2025 Nimai Halder Versus The State of West Bengal & Ors. Mr. Nirmalendu Bera Mr. Gora Chand Samanta Ms. Gopa Das. …for the petitioner. Mr. Vivekananda Bose Mr. Sandip Mondal. …for the State-respondents. Mr. Debajyoti Deb Ms. Somdyuti Parekh. …for the respondent nos.5 to 7. Affidavit-of-service filed by the petitioner be kept with the record. Petitioner has approached this Court for non-consideration of representation dated 23.03.2025 by Basanti Police Station. The subject matter of the information furnished is in respect of the petitioner on resisting the private respondents for taking away the fish reared by him at his waterbody and was subjected to harassment for the same. Learned advocate for the private respondents submits that the waterbody belongs to the private respondents. So far as the right, title, interest, usage and occupation of the property is concerned, the civil 2 court would be the appropriate forum to adjudicate the issue. The police authorities will not interfere until and unless directed by the civil court. Learned advocate for the State has submitted that the police authorities on getting information drew up proceedings under Section 126 of the BNSS. Having regard to the fact that the police authorities are in knowledge of the dispute between the petitioner and private respondents, I direct the police authorities would continue their surveillance and ensure that no untoward incident results because of the strained relationship existing between the parties. With the aforesaid observations, WPA 9439 of 2025 is disposed of. 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. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)