Sultan Sanpui Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Sultan Sanpui Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

With the aforesaid observations, W.P.A. 2142 of 2025 was disposed of: no interference in the overall situation, coupled with directions to the police authorities to assess the alleged physical assault/abuse and act in accordance with law if supported by materials and an injury report, and to ensure no breach of the peace and/or tranquility between the parties.

Issue for consideration

Whether the private respondents were obstructing the petitioner's peaceful enjoyment of his property (including resisting construction/repair of the boundary wall), subjecting him to physical assault and abuse, and whether any judicial intervention was warranted notwithstanding the police proceeding under Sections 126/135 of the BNSS, 2023. +1 more

Court's answer

The Court directed the police authorities to assess whether there was physical assault and/or abuse at the behest of the private respondent and, if there are materials supporting that the petitioner was subjected to physical assault together with an injury report to that extent, to take steps in accordance with law.

Ratio / Principle

Since the police authorities had acted in consonance with the circumstances prevailing, the Court held that, so far as the overall situation was concerned, no judicial interference was required.

Key takeaways

The Court directed the police authorities to ensure that no breach of the peace and/or tranquility takes place and no untoward incident further results because of the strained relationship existing between the parties.ratio¶15

Detailed headnote1 paragraphs

Single-judge order (Tirthankar Ghosh, J.) disposing of W.P.A. 2142 of 2025 (decided 06.02.2025). The petitioner, Sultan Sanpui, complained that private respondents were obstructing his peaceful enjoyment of property and resisting construction/repair of his boundary wall, and that he had been physically assaulted and abused; he had approached administrative authorities and the learned Executive Magistrate. The State's report showed that police had drawn up a proceeding under Sections 126/135 of the BNSS, 2023. Finding the police had acted in consonance with prevailing circumstances, the Court required no interference in the overall situation, but directed the police to assess the alleged physical assault/abuse and take steps in accordance with law where materials and an injury report support the claim, and to ensure that no breach of the peace/tranquility occurs owing to the strained relationship between the parties. No monetary quantum involved; no precedents engaged with.

06.02.2025

Court No. 35

Item No.63 Rakib

W.P.A. 2142 of 2025

Sultan Sanpui VS

The State of West Bengal & Ors.

Mr. Uttam Kumar Halder. ... for the Petitioner. Mr. Suman Ghosh, Ms. Priyamvada Singh.

… for the State.

Affidavit-of-service filed by the petitioner be

kept with the record.

Petitioner is aggrieved by the fact that the private respondents are obstructing peaceful enjoyment of the property of the petitioner and to that effect petitioner informed several administrative authorities and also approached the learned Executive Magistrate. Petitioner has been carrying out the construction/repair of the boundary wall which has been resisted by the private respondent concerned. At the relevant point of time when such work was going on, petitioner complains that he has been subjected to physical assault and abuses.

Learned advocate for the State has submitted a report. Report reflects that police authorities have drawn up proceeding under Sections 126/135 of the BNSS, 2023.

2

Having considered that the police authorities have acted inconsonance with the circumstances prevailing, I am of the view that so far as the overall situation concerned no interference is required. However police authorities would assess whether there was physical assault and/or any abuse at the behest of the private respondent, in case there are materials to support that the petitioner was subjected to any physical assault and there are injury report to that extent, the police authorities would take steps in accordance with law.

Police authorities would also ensure that no breach of the peace and/or tranquility take place and/or any untoward incident further results because of the strained relationship existing between the parties.

With the aforesaid observations WPA 2142 of 2025 is disposed of.

Report submitted by the State be kept with the record.

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.)