Goutam Mondal And ORS v. State Of West Bengal And ORS.

24.04.2025 WPA 4698 of 2023 Sl.No.

Court No. 35 With CAN 1 of 2024 (CAN not found) Goutam Mondal & Ors.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Pronojit Roy ... for the Petitioner(s) Mr. Santanu Kumar Mitra, ld. Sr. Govt. Adv.

Mr. Subhabrata Das ... for the State-respondent(s) The petitioners are aggrieved by the fact that in spite of an injunction order being passed in T.S. 470 of 2022, the respondent nos. 4 to 10 are trying to change the nature and character of the property.

Supplementary Affidavit has been affirmed and an application has been taken out wherein it reflects that last of the representation was made in the year 2024 in respect of violation of the civil court's order at the behest of the private respondents.

In the year 2022, an information was furnished to the police authorities.

Consequently, Nodakhali P.S.Case No. 45 of 2022 was registered for investigation.

It has been informed on behalf of the State that after completion of investigation charge-sheet has also been submitted in connection with the aforesaid criminal case.

However, the agony of the present petitioners is in respect of the private respondents who have been adamant in their attitude of violating the order of the learned civil court.

So far as the submissions made on behalf of the petitioners that the nature and character of the property has already been changed at the behest of the private respondents, an appropriate application be preferred before the learned civil court which is already in seisin of the issues. In case, any order and/or

direction is passed upon the police authorities, they would respect, obey and implement such order.

It is further directed that if the situation so persists that the police authorities are required to intervene, they would only ensure that no breach of the peace and/or tranquility taking place as also no untoward incident resulting because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 4698 of 2023 along with CAN 1 of 2024 is disposed of.

Pending application(s), is 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.)