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Calcutta High CourtWPA/3185/2025disposed

Sk. Israil And ORS. v. State Of West Bengal And ORS.

2025-02-21Hon'Ble Justice Kausik Chanda2 pages

21.02.2025 W.P.A. 3185 of 2025 Item No.22 Ct. No.35 dc.

Sk. Israil & Ors.

versus The State of West Bengal & Ors.

Ms. Ipsita Ghosh ... For the Petitioners.

Mr. Suman Sengupta, Mr. Sanatan Panja ... For the State.

Mr. Sandip Das, Mr. Sajal Kanti Bhattacharyya, Mr. Sarthak Burman ... For the Respondent Nos.10 to 16. Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioners and the respondent nos. 10 to 16.

The petitioners are aggrieved by the fact that in spite of directions being passed in T.S. No. 567 of 2024 by the learned Civil Judge (Jr. Division), 1st Court, Uluberia, Howrah, no assistance is rendered to the petitioners for implementing the order. Learned advocate appearing for the private respondent nos. 10 to 16 submits that the respondent nos. 10 to 16 are in possession of the property and the order of the civil court was obtained by misrepresentation.

State has submitted a report which reflects a picture where the BL & LRO and ADM LR concerned passed their respective orders in respect of title of the property. Be that as it may, the concerned authority and the court would deal in

respect of the right, title and interest as also possession of the property concerned.

So far as the petitioners are concerned, if they are interested to take assistance of the police authorities, in that case they will apply before the learned civil court in seisin of the matter for rendering appropriate assistance. The concerned court would exercise its discretion after considering the police report. If any order is passed, the police authorities would respect, obey and implement such order.

In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the inimical relationship existing between the petitioners and the private respondents.

With the aforesaid observations, the writ petition being WPA 3185 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)