Baidyanath Saha And ANR. v. Sec. Dept. Of Home (Police), Nabanna And ORS.

M/L 302 06.12.2024 Kausik ct.no.35 W.P.A. 4714 of 2023 Baidyanath Saha & Anr.

Versus

Sec. Dept. of Home (Police), Nabanna & Ors.

Mr. Srikanta Datta Mr. Pradyot Kumar Roy ...for the petitioners.

Mr. Debashis Saha Mr. Avirup Roy Sanyal Ms. Sucheta Pal ...for the respondent Bank SBI Mr. Lalit Mohan Mahato Mr. Prasanto Behari Mahato ...for the state.

Petitioner is aggrieved by the fact that the private respondents are attempting to encroach and grab his property. To that effect, petitioner has already approached the civil court and inspite of the civil court directing, that there should be status quo over the property, the private respondents are still pursuing their illegal activities of disturbing the peaceful possession of the petitioner and also attempting to grab his property.

Learned advocate for the state is present.

I have considered the order passed by the Learned Civil Judge (Junior Division), Lalbagh,

Murshidabad in T.S. 462 of 2022 dated 02.09.2022 and I find that the learned court has passed a specific order of status quo.

Petitioner would take appropriate steps before the learned civil judge praying for direction of police assistance or rendering police protection, in case the Learned Civil Judge (Junior Division), Lalbagh, Murshidabad directs the police authorities to act in a particular manner. The police authorities would respect and obey such order.

In the meantime, police authorities would keep a strict vigil and would ensure that no breach of the peace takes place and/or any untoward incident crops up because of the inimical relationship between the petitioners and the private respondent.

With the aforesaid observations WPA 4714 of 2023 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)