Sanwara Bibi And ORS. v. State Of West Bengal And ORS.

ss 12.10.2023 WPA 4565 of 2023 Sanwara Bibi & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Nitai Chandra Saha Mr. Prosenjit Mukherjee Mr. Abhijit Chandra Majumder ... ... for the petitioners Mr. Amitesh Banerjee, Sr. Adv.

Mr. Tarak Karan ... ... for the State Affidavit of service filed on behalf of the petitioners is taken on record.

Despite service, on one appears on behalf of the private respondents.

Supplementary affidavit filed on behalf of the petitioners is also taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the owners of the property in question. The private respondents are rank outsiders having no right, title and interest in respect of the suit property. Still they are trying to dispossess the petitioners from the property. This prompted the petitioners to approach the Civil Court. By an order dated 24.11.2022 passed by the learned District Judge-in-Charge, South 24-Parganas at Alipore in Misc. Appeal No.375 of 2002 the respondents were restrained from ousting the appellants from the suit

property. The petitioners also filed an application under section 144 of the Code and obtained a favourable order. They made complaints before the police authorities, but no help was provided.

Learned Senior Standing Court representing the State relies on the report and submits as follows. The police authorities are filing reports in the proceedings initiated by the petitioners under sections 107 and 144 of the Code of Criminal Procedure. They are also keeping a close watch on the developments in the locality. It appears that the petitioners have already obtained a favourable order from the Civil Court. In view of the above, the respondent authorities shall keep a sharp vigil at the locale and ensure that no breach of peace takes place and see to it that the order passed by the Civil Court is not violated.

With the aforesaid observations, the writ petition is disposed of.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Jay Sengupta, J.)