Sk. Sabir Ali And ANR. v. The State Of West Bengal And ORS.

31.01.2025 Item No.75, DL Court No.35 AJ.

IN THE HIGH COURT AT CLACUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 1822 of 2025 Sk. Sabir Ali & Anr.

-VsThe State of West Bengal & Ors.

Mr. Debabrata Sardar.

.....for the Petitioners.

Mr. Sonnath Ganguly, Ld. A.G.P., Ms. Sangeeta Roy.

.....for the State.

Mr. Kushal Chatterjee, Mr. Iftikar Munshi.

....for the respondent nos.5 to 10.

Affidavit of service filed on behalf of the petitioners be kept with the record.

The petitioners are aggrieved by the fact that their construction has been stopped at the behest of the private respondents.

The petitioners claim that they have purchased a property and the private respondents have no right, title and interest over the property.

On the other hand, the learned Advocate for the private respondents submits that they also have right, title and interest over the property. To that effect a civil suit is pending before the learned Civil Judge (Junior Division), 2nd Court at Uluberia, Howrah being T.S. No.165 of 2023 wherein an order of status quo has been passed.

Learned Advocate for the State has forwarded a report before this Court that the status quo order is in respect of the nature, character and possession of the 'D' schedule property.

In view of the Civil Court in seisin of the issue, there is no scope for the police authorities to interfere in respect of the orders passed by the Civil Court. The report also reflects that the next date is fixed on 5th June, 2025 and the status quo order is subsisting till the said date. If the petitioners are aggrieved, they would prefer an appropriate application before the said Civil Court or its Appellate Forum for necessary direction for the police authorities to act. In the meantime, I direct that police would keep a strict vigil and surveillance as the parties are in an inimical relationship. The police would ensure that no breach of peace and tranquility takes place.

For the aforesaid observations, WPA 1822 of 2025 is disposed of.

The report submitted by the State be kept with the record. Copy of the said report be handed over to both the parties.

Needless to say that since the respondents have not been called upon to file

any affidavit, the allegation made in the writ petition is deemed not to have been admitted. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)