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2025 DAILYLAW 28046 (CAL)

MD. MOBARAK HOSSAIN v. THE STATE OF WEST BENGAL AND ORS.

WPA/13067/2025 · 2025-07-01

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 92 Court No. 35 G.S.Das 01.07.2025 WPA 13067 of 2025 Md. Mobarak Hossain -Vs- The State of West Bengal & Ors. Mr. Bharat Ch. Simai Mr. T. S. Mitra … for the Petitioner(s) Mr. Jayanta Samanta, ld. Jr. Govt. Adv. Ms. Indumouli Banerjee … for the State-respondent(s) The petitioner is aggrieved by the fact that inspite of a partition suit being PS Case No. 316 of 2024 pending before the learned jurisdictional civil court, wherein, direction for status quo has been passed, the private respondents are violating the said order as also attacked the petitioner with number of their associates thereby compelling the petitioner to flee away from the spot when the petitioner by engaging labourers was successful in plucking about 30 quintals of mango. There were mangoes also in the trees which could not be plucked because of the adamant, aggressive and vindictive attitude of the private respondents. Information, to that effect, was furnished with the police authorities on or about 29th May, 2025, but, no steps have been taken. A report has been submitted by the State which reflects that the police authorities have drawn up a proceeding under Section 126 of the BNSS. In view of the proceedings having been drawn up, I direct the police authorities to continue their surveillance and ensure that no breach of the peace and/or tranquility takes place as also no untoward incident results at the behest of either of the parties. With the aforesaid observations, WPA 13067 of 2025 is disposed of. Pending application(s), if any, is also disposed of. Report so submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)