Abu Taher Mondal And ORS v. State Of West Bengal And ORS.

S/L 24 21.02.2024 Court No.238 SD WPA 140 of 2024 Abu Taher Mondal & Ors.

Vs.

State of West Bengal & Ors.

Mr. Billawdal Bhattacharjee Mr. Ibrahim Shaikh Mr. Benazir Shaikh ... for the Petitioners.

Mr. K.J. Yusuf Mr. Parikshit Goswami ... for the State.

The petitioners allege police inaction to protect their life and property.

Mr. Billawdal Bhattacharjee, learned advocate for the petitioners submits that they have an order of injunction in their favour restraining the private respondents from entering the relevant property and dispossessing the petitioners. The private respondents also have been restrained from changing the nature and character of the suit property.

He submits that the private respondents have violated the said injunction order and threatened the petitioners with dire consequences. The petitioners lodged two complaints dated December 24, 2023 and December 27, 2023 before the police against the private respondents.

The State submits that on the complaints filed by the petitioners, a proceeding under Section 107 of the Code of Criminal Procedure, 1973 has already been initiated against the private respondents.

Let the report filed by the police be kept with the record.

WPA 140 of 2024 is, accordingly, disposed of with a direction upon the Officer-in-Charge, Palashipara Police Station to ensure that law and order is maintained and no breach of peace takes place in and around the disputed property.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Kausik Chanda, J.)