Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 44765 (CAL)

PRASANTA ROY v. THE STATE OF WEST BENGAL AND ORS.

WPA/29790/2024 · 2026-09-28

Anuj Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.09.2026 Sl. No.: 78 Court No.758 BM WPA 29790 of 2024 PRASANTA ROY VS THE STATE OF WEST BENGAL AND ORS. Mr. Nandalal Bandyopadhyay Mr. Madhab Ghosh ... for the petitioner Ms. Soumya Sankar Chini Ms. Ankana Sarkar ... for the State 1. The writ petitioner has approached this court on the allegation that on 16.11.2024 a complaint was filed by the writ petitioner with the concerned Police Station alleging that the private respondents have obstructed his construction work and created nuisance over the land despite the matter was diarised. 2. It appears that the dispute between the parties because of lack of proper demarcation separating the land of the petitioner and the private respondent which needs to be referring dispute between the parties. 3. A report was called for from the State. 4. The State has submitted a report on 21.08.2026 wherefrom it appears that the concerned Police Station in order to maintain peace and tranquillity has repeatedly called upon both the parties vide Saltora Police Station NCR No.695/2024 dated 19.11.2024 under Section 126 of BNSS directed the parties to maintain pace. Similarly, by an order dated 25.11.2024 2 the learned Executive Magistrate, Sadar Bankura in connection with MP Case No.952 of 2024 under Section 163 of BNSS instituted by the petitioner against the private respondent Mutur Roy had passed order under the said provision. 5. The Police has further a report that similar orders both the parties have been passed by the Police on repeated occasions. 6. Having considered the facts of the case and submission of both the parties, it appears that the dispute between the parties primarily pertains to land in question. 7. The writ petition is disposed of by directing the concerned Officer-in-Charge, to ensure no breach of peace is taken at the instance of either of the parties. 8. The petitioner herein shall be at liberty to approach the local Police Station in the event the private respondents commit any cognizable offence. The Officer- in-Charge is directed to immediately look into such complaint if so made. It is clarified that this court is not gone into the merit of the case. 9. WPA 29790 of 2024 is disposed of with the above observation. 10. There has been no order as to costs. 11. Affidavit of service filed by the petitioner is taken on record. 3 12. Learned Advocate for the State has filed a status report dated 21.08.2026 which is taken on record. ( Anuj Singh, J. )