04.12.2025 rc/ct.no.05 Item No.11 WPA No. 27977 of 2022 Serful Islam Mondal Versus The Superintendent of Police, District of Murshidabad and Ors. Mr. Mukul Lahiri Mr. Prasenjit Burman Mr. Swapnesh Mallik Ms. Payal Koley ..for the Petitioner Mr. Prashant Kumar Tripathi ….for the State Affidavit of service filed by the petitioner is taken on record. None appears for the respondents despite service. Mr. Prashant Kumar Tripathi, learned advocate, who usually appears on behalf of the State and is present in Court today, is requested to represent the State in this matter. The concerned authority is requested to regularise his appointment in this matter. The petitioner is directed to serve a copy of this application along with annexure thereto upon Mr. Tripathi in course of this day. Learned counsel for the petitioner submits that the graveyard which is the subject matter of the writ petition is used for burial of deadbodies and is managed by the masjid committee. The petitioner alleges that the private respondent is obstructing the access of the mourners to the graveyard which is creating breach of peace in the area. The petitioner lodged a complaint before the police authority in this regard which has not been taken care of. Upon consideration of the submission made on behalf of the parties this Court is inclined to hold that the petitioner is at liberty to take necessary steps before the appropriate forum in the event egress and ingress of the mourners are obstructed by the private respondent. However, the police authority shall keep strict vigil over the area in order to ensure that no untoward incident takes place, there is no breach of peace and tranquility and the mourners have access to the graveyard, till the dispute between the parties is adjudicated by the appropriate forum. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 2