Suresh Chandra Jana v. State Of West Bengal & ORS

09.11.2022 Court No.13 Item No.30 AP WPA 5102 of 2020 Sri Suresh Chandra Jana Vs.

The State of West Bengal & Ors.

Mr. Soumik Ganguli Ms. Chandana Chakraborty ... For the Petitioner.

Mr. Subhabrata Datta Mr. Bani Brata Datta ... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioner complains that the private respondents are in violation of the order of injunction dated 16th January 2019 passed by the learned Civil Judge (Junior Division), 1st Court at Contai in TS No.23 of 2019 and are preventing passage of water and easement rights into the eastern side of Ka 1 scheduled property in Dag Nos.164, 165 and 167. Marishda Police have also been ordered by the Civil Court to enforce the notwithstanding order of injunction.

Subject to the order of injunction continuing as on date, the Marishda Police shall post a police picket for a period of one week from the date of receipt of a copy of this order to ensure that the injunction on the private respondents from preventing the petitioner

to access the pathway and the water flowing out of the home pipe in question, is not prevented by the private respondents. The cost of police picket shall be borne by the petitioner.

The police shall after a period of seven days submit a detailed report on the conduct of the parties to the civil Court.

The petitioner may take steps in accordance with law in this regard as may be advised.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)