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Calcutta High CourtWPA/4083/2023disposed

Janhabe Pramanik v. State Of West Bengal And ORS.

2023-03-31Hon'Ble Justice Rajasekhar Mantha3 pages

31-03-2023 ct no. 13 Sl.29 pk WPA 4083 of 2023 With CAN 1 of 2023 Janhabe Pramanik -VersusThe State of West Bengal & Ors.

Mr. Mohit Gupta, Mr. A. Chakraborty ...for the petitioner Mr. Asish Kumar Guha, Mr. Naren Ghosh Dastidar ... for the State Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder ... for the Private respondents.

Affidavit of service filed in Court is taken on record.

The writ petitioner complains that Lake Town Police Station is not enforcing the order of injunction dated 11.04.2018 passed by the learned Civil Judge (Junior Division) at Sealdah in T. S. No. 112 of 2018. The said suit is now pending before the Bidhannagar Court after transfer.

The private respondent no. 6 has filed an application and claims to represent the respondent nos. 4 and 5 as well. They have filed a counter claim in the aforesaid civil suit. The respondent nos. 5 and 6 are developers. The

respondent no. 4 is, according to the counsel for the petitioner, inducted by his father in the said suit premises and cannot have any claim in the property.

Counsel for the respondent no. 4 disputes the same.

The Lake Town Police Station has filed instructions, addressed to the Government Pleader indicating that there is absolutely no construction over the property as on date.

The Lake Town Police shall strictly comply with the order of injunction passed by the Court Below or any modification or variation thereof. The suit shall stand expedited.

The learned Civil Judge (Junior Division) at Bidhannagar shall try to dispose of the said T. S. No. 112 of 2018 within a period of one month from the date of communication of a copy of this order. With the aforesaid observations, the instant writ petition and the connected application are 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.

(Rajasekhar Mantha, J.)