Subodh Das v. State Of West Bengal And ORS.

May 22, 2024 AD 1 Ct. No.14 SG WPA 2124 of 2023 Subodh Das vs The State of West Bengal and others Mr. Subhas Chandra Atha Ms. Payel Paramanik ... for the petitioner Mr. Krishan Ray Mr. Anindya Chowdhury Mr. Sekhar Mukherjee Mr. Subhajit Mukherjee ... for the respondent No. 6 No one appears on behalf of the State despite service.

Learned counsel for the petitioner submits as follows. The petitioner and the private respondent owned the property in question at Mouza-Metyala, Village-Fapsa, District-Bankura. For sometime the private respondent has been disturbing the possession and enjoyment of the property by the petitioner. He had been stacking materials like sand to block the ingress and egress of the property. The petitioner was constrained to file a civil suit and an order of injunction has been passed directing both the parties to maintain status quo.

Learned counsel for the private respondent denies the allegations and submits as follows. The private respondent is not at all blocking the ingress and egress to

the property. In fact, both the persons are enjoying the property in respect of their respective portions. It appears that a civil suit is pending between the parties. If any of the parties wants to establish any further right in respect of the subject matter or the property, the same has to be done before a civil court. However, it is clarified that none of the parties shall block the ingress and egress of the other side. The police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

Parties shall act on a server copy of this order duly downloaded from the official website of this Court. [ Jay Sengupta, J. ]