Vivek Kumar Jaiswal And ANR. v. The State Of West Bengal And ORS.

W.P.A. 4925 of 2025 Vivek Kumar Jaiswal & Anr.

VS The State of West Bengal & Ors.

Mr. Amitava Karmakar, Mr. Anirban Saha, Mr. Arnab Kr. Neogi.

... for the Petitioners.

Mr. Mrinal Kanti Ghosh, Mr. Prosun Mondal.

...for the Respondent nos. 6&7.

Mr. Dipanjan Datta, Sr. Adv., Ms. Sukanya Datta.

... for the State.

Affidavit-of-service filed by the petitioners be kept 17.03.2025 Court No. 35 Item No.20 Rakib with the record.

Petitioners are aggrieved by that the fact that the private respondents are trying to encroach the property of the petitioners and as such petitioners approached the Civil Court. Vide order dated 10.01.2025 in Title Suit no. 20/2025 the Civil Court was pleased to pass a direction for status quo in respect of nature and character of the scheduled property referred to in the suit. Petitioners complain that inspite of informing the police authorities no steps have been taken.

Learned advocate appearing for the State has submitted a report.

Learned advocate appearing for the private respondents submits that the Civil Court is already in siesin of the issue.

In view of the Civil Court already in siesin of the nature of dispute between the petitioners and the private respondents and a status quo order being passed, the plea of the petitioner that he is being resisted from construction of boundary wall at present can only be decided by the learned Civil Court.

The police authorities would only ensure that since the petitioner and the private respondents are at loggerhead no breach of the peace and/or tranquility takes place and/or other untoward incident results because of the existing inimical relationship. With the aforesaid observations, WPA 4925 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

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

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

(Tirthankar Ghosh, J.)