Angur Bala Patra (Roy) v. State Of West Bengal And ORS.

27.03.2023.

Court No.13 Item No. 40 ap W.P.A. No. 3604 of 2022 Angur Bala Patra (Roy)

Versus

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman, Ms. Maria Rahaman, Ms. Iqra Rahaman.

...For the petitioner.

Mr. Anirban Mitra, Mr. Amit Halder, Md. Wasim Akram.

...For the respondent no.8.

Affidavit-of-service filed in Court today be taken on record.

The petitioner seeks enforcement of an order of status quo passed by the learned Civil Judge (Senior Division) Basirhat, North 24 Parganas dated 10th January, 2014 in Title Suit No. 112 of 2013.

The Court below also directed the Minakhan Police Station to render assistance to enforce the order of injunction.

This Court was approached earlier in W.P. No. 5242 (W) of 2014. The said writ petition was disposed of on 20th March, 2014 holding that a vague order of status quo cannot be enforced by the police.

In those circumstances, the petitioner may approach the Court below for appointment of an Advocate Commissioner to ascertain the actual state of affairs on the property and also for clarification as to

the scope of the order of status quo and/or injunction already passed by him.

The learned Civil Judge (Senior Division) Basirhat, North 24 Parganas shall dispose of all the pending applications in the suit mandatorily and positively within a period of one month from the date of communication of a copy of this order. The suit itself stands expedited. The suit shall be disposed of by the Court below within a period of six months from date.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)