Seba Karmakar And ORS. v. State Of West Bengal And ORS.

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(DL) (DL) 05.05.2026 05.05.2026 Ct. No. 05 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 6730 OF 2026 SMT. SEBA KARMAKAR AND OTHERS VS THE STATE OF WEST BENGAL AND OTHERS ...............

Mr. Achyut Basu, Adv.

Ms. Punam Basu, Adv.

Mr. Amritansu Sengupta, Adv.

...for the Petitioners Mr. Md. Mansoor Alam, Adv.

Ms. Kakali Pal, Adv.

...for the State Ms. Chandana Ghosh, Adv.

...for the Respondent Nos.5 & 14 1.

In terms of the order dated 7th April, 2026, supplementary affidavit affirmed on 28th April, 2026 is filed on behalf of the petitioners and same is taken on record.

2.

Petitioners have prayed for direction upon the concerned police authority for implementation of the order dated 22nd May, 2025 passed by the learned Civil Judge, (Junior Division), 1st Court, Barasat, North 24 Parganas in Title Suit No.338 of 2024 read with order dated 20th March, 2024.

3.

It is submitted on behalf of the petitioners that in spite of the order passed by the Civil Court on 20th March, 2024 and the subsequent order passed on 22nd May, 2025, concerned police authority is not providing any assistance prompting the petitioners to approach this Court with the present writ petition, inter alia, praying

[2] for direction upon the concerned police authority to render assistance for due compliance of the orders passed by the Civil Court.

4.

State respondents and respondent nos.5 and 14 are represented by learned advocates.

5.

Vide order dated 20th March, 2024, learned Civil Judge, (Junior Division), 1st Court, Barasat, passed an ex-parte ad interim order of injunction thereby restraining the defendants from dispossessing the plaintiffs/petitioners of the suit property for a specific period. Thereafter vide a subsequent order dated 22nd May, 2025, Civil Court directed the concerned police authority to render assistance to the petitioners being the plaintiffs therein for implementation of the ex-parte ad interim order of injunction dated 20th March, 2024.

6.

However, it is not demonstrated before this Court as to how ex-parte ad interim order dated 20th March, 2024 was violated by dispossessing the petitioners of the suit property.

7.

Therefore, Court is not inclined to give direction upon the concerned police authority to take steps pursuant to the orders passed by the Civil Court.

8.

Petitioners are at liberty to approach the Civil Court in pursuit of their remedy.

[3] 9.

However, concerned police authority is directed to keep vigil at the locale.

10. Writ petition stands disposed of.

11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)