28.09.2026 Sl. No.: 33 Court No.758 BM WPA 22019 of 2024 ASUTOSH BISWAS VS THE STATE OF WEST BENGAL AND ORS. Mr. Md. Mokaram Hossain Mr. Razzak Hossain Mr. Karnab Biswas ... for the petitioner Ms. Sudipa Banerjee Mr. Koushik Roy ... for the State 1. The grievance in this writ petition is that the Police have failed to protect the right of the petitioner by ensuring that the petitioner peacefully possess his property. 2. The petitioner submits that the subject plot originally belonged to father-in-law Sridam Sarkar, who during his lifetime gifted the land to the petitioner’s wife Ganga Rani Biswas. The petitioner alleges that the private respondent had forged a deed dated 6th February, 2001 and obtained mutation on the said plot in the name of the Ramkrishna Sarkar. The petitioner states that the matter was reported to the concerned BLLRO to get the record of right in the name of his wife. Thereafter by deed dated 21.4.2022 the petitioner claims to have received the property from his wife and mutated his name in the record of rights. 3. The petitioner further states that the private respondent filed a partition suit No.370 of 2024 before 2 the learned Civil Judge, Junior Division, Berhampore, in relation to the property. 4. It is alleged that the private respondent subsequently claimed right over the said property interfered with his possession and threatened him. 5. The petitioner has made a written complaint to the local Police Station on 28th July, 2024 which is recorded as GD No.1268 dated 28th July, 2024 and the petitioner alleges that no effective action followed. 6. The petitioner has therefore filed the instant writ petition for direction upon the respondent authority to take appropriate action on the basis of written complaint and provide Police protection to the petitioner and his family so that they can peacefully possess the property without any interference. 7. A report has been filed by the State. From the said report it appears that pursuant to the petitioner’s complaint and considering the nature of dispute between the parties preventive measures were taken by the Police to maintain law and peace at the locale. 8. In this regard a Non-FIR P.R was submitted against the said parties with a view to prevent any further breach of peace or disturbance of law and order vide Sagarpara Police Station NCR No.750/2024 dated 28.07.2024 under Section 126 of BNSS recorded against both sides. 3 9. It is further informed to the court during pendency of the said dispute there has been further confrontation between the parties on different occasions. 10. In view of the aforesaid fact background, this court is of the considered opinion that the dispute between the parties are primarily arising out of title in respect of the land. With regard to any grievance of the petitioner for commission of cognizable offence, the petitioner shall be at liberty to approach the concerned Police Station with the complaint disclosing the such cognizable offence and for such cognizable offence Police shall take action. 11. With the above observation WPA 22019 of 2024 is disposed of. 12. There has been no order as to costs. ( Anuj Singh, J. )