Ashthami Kanra (Das) And ANR. v. State Of West Bengal And ORS.

24.02.2025 WPA 4550 of 2023 Sl.No.

Court No. 35 With CAN 1 of 2023 G.S.Das Ashthami Kanra (Das) & Anr.

-VsState of West Bengal & Ors.

Mr. Md. G. N. Imrohi ... for the petitioner(s) Mr. Manas Kumar Sadhu ... 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 the civil suit pending, the petitioners are obstructed to enjoy their property.

The petitioner complains that the private respondents are adamant, aggressive and bent upon to pursue their illegal activities. To that extent, the local police authorities were informed, but, till date, they have not taken any preventive measures for the petitioners' peaceful

enjoyment in their property.

As none appears on behalf of the State, Mr. Manas Kumar Sadhu, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. His appearance may be regularized by the concerned authorities.

In view of the contentions advanced by the petitioners, I direct that since the petitioners have already approached the learned civil court, the petitioners will take out an appropriate application before the learned Civil Judge in seisin of the matter.

In case, the learned civil court passes any direction(s), the police authorities would respect, obey and implement such order of the learned civil court in its true spirit and tenor.

In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace and

tranquility takes place as also no untoward incident results because of the strained relationship existing between the parties.

With the aforesaid observations, WPA 4550 of 2023 along with CAN 1 of 2023 is disposed of.

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

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.)