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Calcutta High Court · body

2025 DAILYLAW 49923 (CAL)

NASIM AKHTAR LASKAR v. STATE OF WEST BENGAL AND ORS.

WPA/30608/2024 · 2025-01-16

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.01.2025 W.P.A. 30608 of 2024 Item No.72 Ct. No.35 dc. Nasim Akhtar Laskar versus The State of West Bengal & Ors. Mr. Keshab Chandra Das ... For the Petitioner. Mr. Ashim Kumar Ganguly, AGP, Mr. Bellal Shaikh … For the State. Mr. Somnath Roy Choudhury, Mr. A. Choudhury ... For the private Respondents. Affidavit-of-service filed in Court today be kept with the record. Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner and the private respondents. The petitioner has approached this Court for his representation to the Officer-in-Charge, Domjur Police Station not having been considered and being aggrieved by the conduct of the private respondents. Learned advocate appearing for the private respondents submits that under the garb of such representation, the petitioner is trying to take possession of land. I find from the representation that the basic contention relates to construction of a road. However, today when the writ petition has been taken up, learned advocate for the petitioner 2 submits that the petitioner intends to conduct a programme for ‘Milad’ on 16.01.2025. State has submitted a report which reflects that on the land which has been used by Masjid Committee is the subject-matter of a civil suit wherein status quo order has been passed. The report also reflects that there are two separate cases, one being Domjur Police Station Case No. 838/2024 dated 22.10.2024 and another being Domjur Police Station Case No. 840/2024 dated 22.10.2024. Having regard to the fact that the petitioner and the private respondents are at loggerheads so far as the issue relating to programme on 16.01.2025 is concerned, the petitioner will apply to the Deputy Commissioner of Police in-charge of Domjur Police Station who would exercise his discretion. So far as other issues are concerned, the appropriate civil court and criminal court will consider the issues. It is reiterated that the police authorities would keep a strict vigil and ensure that no breach of the peace or tranquility takes place and/or any untoward incident results because of the inimical relationship existing between the petitioner and the private respondents. With the aforesaid observations, the writ petition being WPA 30608 of 2024 is disposed of. There will be no order as to costs. 3 All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)