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Calcutta High CourtWPA/249/2025disposed

Maidur Khan v. State Of West Bengal And ORS.

2025-02-13Hon'Ble Justice Tirthankar Ghosh4 pages

13.02.2025 WPA 249 of 2025 Sl.No.

Court No. 35 Maidur Khan -VsThe State of West Bengal & Ors.

G.S.Das Mr. Md. Nure Zaman Mr. Somen Bose ... for the petitioner(s) Mr. Swapan Banerjee Mr. Soumen Chatterjee ... for the State - Respondent(s) Mr. Debasis Kar Mr. Husen Mustafi Mr. Yousuf Ali ... for the respondent nos.6-14 The petitioner is aggrieved by the fact that in spite of the directions being passed in P.S. 27 of 2022 by the learned Civil Judge (Sr. Divn.), Lalbagh, Murshidabad, the private respondents carried on their construction work and, in spite of informing the police authorities, no action/steps have been taken.

The records of the case reflect that the learned Civil Court passed a direction for status quo and, thereafter, there was an appointment of the Advocate

Commissioner.

However, from the enclosures, I do not find that the learned Civil Judge has passed any direction upon the police authorities for taking steps in respect of any violation of the order or for implementation of the order dated 10.01.2022 passed by the said Court.

In case, the petitioner prefers any appropriate application before the learned Civil Court and the learned Civil Court directs the police authorities to act in a particular manner, the police authorities would respect, obey and implement the order of the learned Civil Court.

The report of the police authorities reflect that already police has drawn up a proceeding under Sections 126/135 of the BNSS.

The police authorities would continue a strict vigil and ensure that no breach of the peace and tranquility takes

place as also no untoward incident results because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 249 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Since affidavits have not been invited, the other accusations made in the writ petition are deemed not to have been admitted.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)