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Calcutta High Court · body

2025 DAILYLAW 42246 (CAL)

TIMIR BARAN HATAI v. STATE OF WEST BENGAL AND ORS.

WPA/23367/2025 · 2025-09-25

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 104 Court No. 35 G.S.Das 25.09.2025 WPA 23367 of 2025 Timir Baran Hatai -Vs- The State of West Bengal & Ors. Mr. Subhojit Seal Mr. Soumya Khan … for the Petitioner(s) Mr. A. Roy, ld. GP Mr. Dipanjan Datta, Sr. Govt.Adv. Ms. Ratna Das … for the State-respondent(s) Mr. I. Munshi … for the respondent nos. 7, 8 and 9 Ms. Pratiti Das Mr. Sayan Das Mr. Arijit Gupta Ms. S. Basak … for the Respondent No. 5 Affidavit of service so filed be kept with the record. The petitioner has approached this court being aggrieved by the inaction of the police authorities as the private respondents particularly the members of the respondent no.5 having allegedly encroached the property belonging to the petitioner by breaking open the padlock. State has submitted a report which reflects that Burtolla PS Case No. 156 dated 24.09.2025 under Sections 329(4)/351(2)/54 of the BNS has already been registered for investigation. Since the criminal case has already been registered for investigation, prima facie, it ensures that there has been violation of law so far as breaking open the padlock of the temporary gate which has been installed in front of the ground floor of the building is concerned. Having considered that the criminal case is pending, the police authorities would ensure that trespassers are not allowed to use the property. To that effect, if there is any violation of law, it would be incumbent upon the police authorities to ensure that peace and tranquility is maintained. With the aforesaid observations, WPA 23367 of 2025 is disposed of. Pending application(s), if any, is also disposed of. Report submitted by the State 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.)