Ashok Kumar Raut v. State Of West Bengal And ORS.
24.02.2025 WPA 335 of 2023 Sl.No.
Court No. 35 Ashok Kumar Raut -VsState of West Bengal & Ors.
G.S.Das Mr. Rabindranath Mahato Mr. Aritra Shankar Ray ... for the petitioner(s) Mr. Wasim Ahmed Mr. Sk. Md. Masud ... for the State - respondent(s) Mr. Nilanjan Bhattacharjee (through vc) Mr. Sanjay Karar ... for the respondent nos.5-8 Supplementary Affidavit filed by the petitioner be kept with the record.
The petitioner is aggrieved by the fact that in spite of a decree being passed by the learned Civil Court, the private respondents are pursuing their illegal activities, particularly, with regard to the progress of the construction and, in spite of informing the police authorities, no steps have been taken by the police.
Learned advocate for the private respondents, on the other hand, submits
that they have also filed a suit being T.S.
No. 751 of 2022, wherein, also an order of injunction has been passed.
In view of both the parties claiming to be the co-sharers of a particular property and one of the parties alleges that construction work is going on while the other denies the same, I direct the police authorities to respect, obey and implement the order passed by the learned Civil Court.
The police authorities would ensure that without a specific order of the learned Civil Court, no construction work is carried out by any of the parties concerned.
In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace and tranquility takes place as also no untoward incident results because of the strained relationship existing between the parties.
With the aforesaid observations, WPA 335 of 2023 is disposed of.
Pending application(s), if any, is also disposed of.
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.)