Ekanath Kha @ Khan v. State Of West Bengal And ORS.

05.03.2025 WPA 3756 of 2025 Sl.No.

Court No. 35 Ekanath Kha @ Khan -VsThe State of West Bengal & Ors.

G.S.Das Mr. Malay Bhattacharya Mr. S. Ghosh ... for the Petitioner(s) Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar ... for the State-respondent(s) Affidavit-of-service so filed be kept with the record.

The petitioner is aggrieved by the fact that in spite of an ad interim injunction order passed in T.S. 93 of 2023 by the learned Civil Judge (Jr.

Divn.) Kakdwip, the private respondents have flouted such order and created obstruction in the peaceful enjoyment of his property. It has also been alleged that in spite of an information being furnished with the local police authorities, no action has been taken.

Learned advocate for the State

submits that the nature of the dispute complained of is being addressed by the learned Civil Court and the police authorities have been keeping strict vigil.

State has submitted a report which speaks that the property which has been referred to in the writ petition is situated within the jurisdiction of Harwood Point Coastal Police Station. However, the representation which was advanced was before the Kakdwip Police Station.

Having considered the plight expressed by the petitioner, I am of the view that, in case, the petitioner is foisted with any inconveniences pursuant to the directions passed in T.S. 93 of 2023 by the learned Civil Judge (Jr.

Divn.), Kakdwip, Sough Parganas, the petitioner, if so advised, would approach the same civil court praying for a direction upon the police authorities for rendering appropriate police assistance and, if any direction is passed by the

concerned civil court for rendering all possible assistance, the police authorities would respect, obey and implement such order.

In the meantime, the officer-incharge of Harwood Point Coastal P.S. would ensure that there is no breach of the peace and tranquility as also no untoward incident resulting because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 3756 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)