Sabita Barman v. State Of West Bengal And ORS.

24.01.2023 Court No.13 Item No.501 AP WPA 900 of 2021 Smt. Sabita Barman Vs.

The State of West Bengal and Ors.

Mr. Biswajit De ... For the Petitioner.

Mr. Sukanta Das ... For the Respondent. Nos.10 to 13.

Learned counsel for the petitioner submits that criminal revisional application No.18 of 2023 filed before the learned Sessions Judge, Paschim Medinipur has been dismissed by an order dated 18th January, 2023. A copy of the order is kept with the record.

Counsel for the private respondent submits that Tile Suit No.36 of 2023 has been filed before the learned 3rd Court, Civil Judge (Junior Division), Midnapur Sadar. There is no injunction or restraining order passed in the suit till date. The petitioner submits that the suit is barred.

This Court is therefore of the view that there is absolutely no impediment in execution of the order dated 10th February, 2020 passed by the learned Executive Magistrate, Paschim Medinipur Sadar.

The Inspector-in-Charge, Kotwali Police Station shall forthwith execute the order and evict the private respondents and all other unauthorized occupants from the public land immediately upon receipt of a copy of this order.

Sufficient force shall be deployed for the aforesaid purpose by the Superintendent of Police, Paschim Medinipur and the Officer-in-Charge, Kotwali Police Station. With the aforesaid directions, the writ petition is disposed of.

There shall be no order as to costs.

All parties including the Superintendent of Police, Paschim Medinipur and the Officer-in-Charge, Kotwali Police Station shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)