Surjendu Bikash Maity v. The State Of West Bengal And ORS.

D/L 43 17.01.2025 Kausik ct.no.35 W.P.A. 317 of 2025 Surjendu Bikash Maity

Versus

The State of West Bengal & Ors.

Mr. Syed Nurul Arefin Mr. Rahul Singh Mr. S.M. Arefin ...for the petitioner.

Ms. Jhuma Chakraborty Mr. Suddhadev Adak ...for the state.

Affidavit of service so filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that the temporary order of injunction dated 14.09.2012 which was passed by the learned Civil Judge, Senior Division, 1st Court, Paschim Medinipur was being violated at the behest of the private respondents. To that effect an application was taken out under section 151 of the CPC before the jurisdictional civil court. The learned court by an order dated 16.05.2016 in TS No. 501 of 2006 was placed to direct the Officer-in-Charge, Dantan Police Station to take steps so that the temporary order of injunction dated 14.09.2012 is complied with.

Petitioner complains that in spite of the order of the learned Civil Judge, the private respondents have been trying to violate the same and alienate the property.

State has submitted a report which reflects that on 16.12.2024 a petition was received at the police station which reflected that the learned Civil Judge, Senior Division, 1st Court, Paschim Medinipur was pleased to pass an order on 16.05.2016. There are other contentions in the said report which need not be gone into at this stage.

As the suit being TS 501 of 2006 is pending before the Civil Judge, Senior Division, 1st Court, Paschim Medinipur, an order of temporary injunction has been passed on 14.09.2012 and as a direction has been passed by the same court on 16.05.2016 upon the Officer-in-Charge of Dantan Police Station to take necessary steps so that the earlier order dated 14.09.2012 is complied with, I direct the police authorities of Dantan Police Station to ensure that the order of the civil court is respected, obeyed and implemented.

So far as other prayers of the petitioners are concerned, petitioner would approach the Civil Judge, Senior Division, 1st Court, Paschim Medinipur who is already in seisin of the matter.

With the aforesaid observations WPA 317 of 2025 is disposed of.

Report so submitted by the state be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)