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Calcutta High Court · body

2025 DAILYLAW 7980 (CAL)

SWAPAN HALDER v. THE STATE OF WEST BENGAL AND ORS.

WPA/2292/2025 · 2025-02-10

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.02.2025 Court No. 35 Item No.14 Rakib W.P.A. 2292 of 2025 Swapan Halder. VS The State of West Bengal & Ors. Mr. Debobrata Sarder. ... for the Petitioner. Mr. Chandra Nath Sarkar. …for Respondent no.6. Ms. Munmun Ganguly, Mr. Sayan Ganguly. … for the State. Affidavit-of-service filed by the petitioner be kept with the record. Petitioner complains that the private respondents are not allowing him to enter the property as they have affixed a padlock in spite of the Civil Court being in siesin of the dispute. Learned Advocate for the State has submitted a report which reflects that a long standing dispute has been pending between the petitioner and the private respondents. To that effect proceedings have been drawn under Section 126/135 of the BNSS, 2023. Learned advocate for the private respondents disputes the contentions and submits that the Civil Court is already in siesin of the matter. From the enclosures of the writ petition I find that T.S. No. 617/22 is pending and the order dated 2 21.09.2022 passed by the learned Civil Judge (Jr. Division) 3rd Court, Baruipur, South 24 Parganas reflects that the respondents were directed not to disturb the peaceful possession of the plaintiff/petitioner therein. The said interim order was extended on 24.12.2024. Having considered that the Civil Court is in knowhow of the dispute and has exclusive domain over the issues relating to right, title and interest of the property, I am of the view that petitioner should approach the Civil Court by invoking the relevant provisions of law with appropriate prayers. So far as the police authority is concerned, police authority would only restrict themselves by way of keeping a surveillance that no breach of the peace or tranquility takes place and/or any untoward incident results because of the inimical relationship existing between the parties. With the aforesaid observations WPA 2292 of 2025 is disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)