Shri Vinayak Land Owners Private Limited v. State Of West Bengal And ORS.

D/L- 21 20/02/2026 Ct. No.-19 Aritra WPA 3597 of 2026 Shri Vinayak Land Owners Pvt. Ltd.

Vs.

The State of West Bengal & Ors.

Mr. Saptangsu Basu, Sr. Adv.

Mr. Tanmoy Mukherjee Mr. Souvik Das Mr. Rudranil Das ....for the petitioner Mr. Wasim Ahmed Mr. Sk. Masud ....for the State Mr. Randhir Singh Mr. Sunny Nandy Ms. Manisha Soni Ms. Yamini Tiwari ....for the private respondents The petitioner has approached this Court praying for implementation of the order dated December 21, 2015 passed by the Civil Jude (Jr. Div.), 4th Court at Howrah in Title Suit No.1992 of 2015.

Mr. Basu, learned senior advocate appearing for the petitioner submits that the private respondents are parking cars in the property in question in violation of the order of injunction.

Pursuant to the order dated February 18, 2026, the private respondents have filed an affidavit, which is taken on record.

A copy of such affidavit has been supplied to the learned advocate for the petitioner.

The learned Civil Judge (Jr. Div.), 4th Court at Howrah passed an ad interim order of injunction on December 21, 2015 which is extracted hereinafter:- "Hence it is O R D E R E D that an order of ad interim injunction is granted ex parte.

Defendants are directed to restrain from encroaching on the „C‟ schedule property and/or restrain from allowing strangers to illegally park the vehicles by encroaching on the suit property, as it stands today till 18.01.2016.

Plaintiff is directed to comply the provisions of order 39 rule 3 (a) and (b) at once.

Issue notice upon the defendants directing then to show-cause, within 10 days from receipt thereof as to why the prayer for an order of temporary injunction shall not granted.

To 18.01.2016 for S/R and Appr., hearing of temporary injunction, w/o if nay in the meantime and for filing w/s by the defendants.

Requisites at once."

The petitioner also applied before the learned Civil Judge under Section 151 of the Code of Civil Procedure praying for implementation of the ad interim order of injunction and such application was allowed by an order dated July 14, 2016 by directing the Inspector-in-Charge, Golabari Police Station to ensure the implementation of the order of injunction dated December 21, 2015. It is not in dispute that the Co-ordinate Bench passed orders directing implementation of the order of

injunction on several occasions on police cost being deposited by the petitioner.

Mr. Basu, learned senior advocate appearing for the petitioner submits that in spite of order passed by the Civil Court directing implementation of the order of injunction as well as by this Court, the police authorities are not taking any steps to implement the order of injunction. The learned advocate appearing for the private respondents submits that they have not violated the order of injunction and in the affidavit it has been specifically states that the private respondents have neither encroached nor allowed any stranger to illegally park their cars in violation of the order of injunction. The police authorities are directed to implement the order of injunction and see that the same is not violated by any of the parties.

With the above observations, WPA 3597 of 2026 stands disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)