Manoj Kumar Karen v. State Of West Bengal And ORS.

02.02.2023.

Court No.13 Item No. 10 ap W.P.A. No. 58 of 2023 Sri Manoj Kumar Karen

Versus

The State of West Bengal & Ors.

Ms. Pampa Dey Dhabal, Mr. Nikhil Kumar Gupta.

...For the petitioner.

Affidavit-of-service filed in Court today be taken on record.

The petitioner seeks execution of an ex parte decree dated 14th September, 2018 passed by the learned Civil Judge (Junior Division) 6th Court, Alipore. The respondent no.4 in the said writ application, namely, Chandi Doulatabad Block Prathamick Sastha Kendra is represented by Dr. Apurba Biswas in person.

It is submitted by Dr. Apurba Biswas, whose Health Center has suffered a decree, that an application for recall of the ex parte decree has been filed in the Court below, inter alia, on the grounds that the notice under Section 80 of the Code of Civil Procedure had not been given.

Ms. Dhabal, Counsel for the petitioner submits that the Health Center is encroaching upon the petitioner's land and the police ought to be directed to intervene in the matter.

This Court is of the clear view that the petitioner's remedy is in the Court below to seek execution of the decree. The Court below shall first consider the application filed by the respondents herein and then pass appropriate orders, inter alia, under Order XXI of the Code of Civil Procedure, 1908. It is, however, made clear that Bishnupur Police Station shall strictly comply with any order that may be passed on them by the Court below.

The report of the Bishnupur Police Station dated 10th January, 2023 in the form of instructions to the State Advocate is kept with the record.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)