Samina Bibi v. State Of West Bengal And ORS.

18.02.2025 W.P.A. 6016 of 2024 Item No.26 Ct. No.35 dc.

Samina Bibi versus The State of West Bengal & Ors.

Mr. Mrinal Kanti Ghosh ... For the Petitioner.

Ms. Shabnam Farooqui ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

The petitioner is aggrieved by the fact that in spite of title being in her favour, she is restricted from carrying out her pisciculture activities. To that effect, information was furnished with the Inspector-in-Charge, Bolpur Police Station.

However, no action has been taken by the police authorities.

As none appears on behalf of the State, Ms.

Shabnam Frooqui, learned advocate, who ordinarily appears for the State, is directed to represent the State. Her appointment may be regularised by the concerned authorities.

In view of the nature of the dispute complained of by the petitioner, I am of the view that since the second appeal is pending, the petitioner would better approach with an appropriate application before the civil court, which is already in seisin of the matter. If any direction is passed by the civil court, the police authorities would be bound by its order and will ensure that no

impediment is created to the petitioner in carrying out her activities.

In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the inimical relationship existing between the parties. With the aforesaid observations, the writ petition being WPA 6016 of 2024 is disposed of. There will 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.)