Sundar Mondal v. The State Of West Bengal And ORS.

D/L 29 17.03.2025 Kausik ct.no.35 W.P.A. 5022 of 2025 Sundar Mondal

Versus

The State of West Bengal & Ors.

Mr. Md. Jannat Ul Firdous ...for the petitioner.

Mr. Vimal Kumar Shahi, AGP Ms. Pratiti Das ...for the state.

Petitioner is aggrieved by the fact that in spite of the initial order of injunction passed by the learned Civil Judge (Junior Division), 2nd Court, Basirhat in TS No. 246 of 2020 thereby restraining the private respondents from threatening or ousting the petitioner from the suit property and the subsequent direction dated 14.01.2025 wherein the Officer-in-charge, Hemnagar Coastal Police Station was requested to render necessary police assistance for implementing the earlier order dated 01.12.2023, the petitioner till date is being threatened and is facing the wrath of the private respondents with respect to his property, in fact, his water body is also attempted to be taken control of in spite of the injunction order being in force.

Be that as it may, State has submitted a report wherefrom it reflects that the petitioner was

attempted several times to be contacted, but the petitioner for his work/job as a labour contractor is staying at Calcutta as such no contact could be established.

Learned advocate for the petitioner submits that the electricity connection has been disrupted by the private respondents.

Be that as it may, since the civil court is in seisin of the issues concerned, the disputes inter se the property would be considered by the civil court. So far as the police authorities are concerned, police authorities would restrict themselves by overseeing that there is no breach of the peace and/or tranquility and/or any untoward incident resulting from the existing inimical relationship.

With the aforesaid observations WPA 5022 of 2025 is disposed of.

Report so submitted be kept with the record.

A Copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)