Chapejan Bibi @ Sabejan Bibi @ Sabejan Biswas And ANR. v. State Of West Bengal And ORS.

D/L 63 12.11.2024 Rohit/Aritra ct.no.35 WPA 5109 of 2024 Chapejan Bibi @ Sabejan Bibi @ Sabejan Biswas & Anr.

Versus

The State of West Bengal & Ors.

Mr. Shahan Shah, Mr. Soumen Barman ...for the petitioners Mr. Susovan Sengupta, Mr. Manas Kumar Sadhu ....for the State Affidavit of service filed in Court today is kept with the record.

Learned advocate appearing for the petitioners complains that in spite of the order passed by the learned Civil Judge (Jr. Div), Tehatta, Nadia, T.S.

Case No.33/2022 on 17/01/2022 and 22/02/2022 the petitioner is suffering because of the act and action of the private respondents.

Learned advocate for the State has opposed such contention and submits that the order dated 22/02/2022 is debatable. However, the police authorities as a matter of public policy is bound to obey the order passed by the Civil Court and as such O/C Thanarpara Police Station will under no circumstances allow the order dated 22/02/2022 passed by the learned Civil Judge (Jr. Division),

Tehatta, Nadia to be violated without the same being varied, modified or altered by a higher forum. In order to comply with the order passed if police personnel are to be deputed in that case petitioner submits that he is ready to bear the requisite cost. As such on deposit of such requisite cost if the Officer-in-Charge is of the opinion he would act by exercising his discretion.

Report so submitted be kept with the record.

With the aforesaid observations, the writ petition being WPA 5109 of 2024 is disposed of.

There shall be no order as to costs.

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.)