Fekura Bibi@Rokeya Bibi v. State Of West Bengal And ORS.

W.P.A. 5957 of 2023 Felura Bibi @ Rokeya Bibi.

VS The State of West Bengal & Ors.

Mr. Samrat Paul, Mr. Anisur Rahaman, Mr. M. Mondal.

... for the Petitioner.

Mr. Md. G.N. Imrohi.

...for private respondent..

Mr. Amit Kr. Ghosh.

... for the State.

Affidavit-of-service filed by the petitioner be kept 25.02.2025 Court No. 35 Item No.16 Rakib with the record.

Petitioner is aggrieved by the excesses of the police authorities. It has been pointed out that pursuant to distorted facts being placed before a Court of law the learned Civil Judge (Junior Division), 1st Court, Berhampore, Murshidabad passed a direction which caused interference with the enjoyment of the property of the petitioner. Police authorities are not cooperating with the petitioner inspite of they being informed. Learned advocate for the private respondent submits that a Civil Court has passed order by exercising its jurisdiction and there are alternative remedies available under the statute.

As none appears on behalf of the State, Mr. Amit Kr. Ghosh, learned advocate who ordinarily appears for the State is directed to represent the State. His

appointment may be regularized by the concerned authorities.

In view of the fact that the police authorities had been acting pursuant to the directions passed by a Court they were discharging their function officially and as such no interference of this Court can be made. Additionally, petitioner has an alternative efficacious remedy under the relevant provisions of law, petitioner if so advised would approach the jurisdictional, revisional or appellate forum for exhausting his remedy.

So far as the provisions of article 226 of the Constitution of India is concerned this Court do not intend to interfere with the act and action of the police authorities.

With the aforesaid observations, WPA 5957 of 2023 is disposed of.

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.)