Hrishikesh Sardar & ORS v. State Of West Bengal & ORS

AD. 14.

February 24, 2021.

MNS.

W. P. A. 609 of 2020 (Via video conference) Hrishikesh Sardar and others Vs.

The State of West Bengal and others Sk. Abdus Salam, Mr. B. Saha, Mr. Subrata Mukherjee ... for the petitioners.

Mr. Sounak Bhattacharya, Mr. C. N. Sarkar ...for the respondent nos. 6 to 10.

Affidavit-of-service filed in Court today be taken on record.

Despite service, none appears on behalf of the State-respondents, although the petitioners and the private respondents are represented through counsel.

The petitioners, armed with an order of status quo passed by a civil court, approached the police authorities with the allegation that the private respondents are violating such status quo order by trying to encroach upon the petitioners' land, on which allegedly no action has been taken by the police.

However, the appropriate remedy for the petitioners will be to approach the civil court, which passed the order of status quo, for implementation of the same, as the question whether the private respondents actually violated the said order is required to be decided on prima facie evidence, which is beyond the scope of the writ court.

Accordingly, W. P. A. 609 of 2020 is disposed of with liberty to the petitioners to approach the civil court which passed the status quo order for implementation of the order of status quo.

It is made clear that the merits of the matter have not been gone into and it will be open to the civil court to decide such question independently in accordance with law.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)