Belegachia Ghola Shanti Sangha And ORS. v. The State Of West Bengal Adn ORS.

07.04.2025 W.P.A. 6548 of 2025 Item No.109 Ct. No.35 dc.

Belegachia Ghola Shanti Sangha & Ors.

versus The State of West Bengal & Ors.

Mr. Sk. Moinuddin ... For the Petitioners.

Mr. Somnath Ganguli, AGP, Ms. Sangeeta Roy ... For the State.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal ... For the Respondent No.5.

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

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioners and the respondent no.5.

The petitioners being the club and the office bearers complain that they have been dispossessed in spite of directions passed by the civil court in Title Suit No. 88 of 2025. To that effect, learned advocate appearing for the petitioners draws the attention of the Court to the order dated 19.02.2025 wherein there was a direction of the learned Civil Judge (Sr. Division), 2nd Court, Baruipur for maintenance of status quo in respect of physical possession, nature and character of the schedule property. Subsequently the petitioners informed the Inspector-in-Charge, Baruipur Police Station as well as the superior officers of the police.

The main thrust of contention of the petitioners is that dispossession of the petitioners at the behest of the private respondent.

State has submitted a report which reflects that there were certain disputes between the petitioners and the respondent no.5.

Learned advocate appearing for the respondent no.5 denies and disputes the contentions of the petitioners and submits that since the petitioners earlier approached the civil court, in case they have any grievance, they should approach the civil court instead of invoking the jurisdiction of this Court under Article 226 of the Constitution of India.

Having considered the nature of dispute, I am of the view that the petitioners would be at liberty to approach the civil court in case there has been violation of order of status quo. If the civil court passes any direction upon the police authorities, the same would be respected, obeyed and implemented by the police authorities.

In the meantime, the police authorities would ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioners and the private respondent.

With the aforesaid observations, the writ petition being WPA 6548 of 2025 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.)