Tapan Kumar Mondal v. The State Of West Bengal And ORS.

17.04.2025 SL No.26 Court No.35 S.Gayen WPA 7283 of 2025 Tapan Kumar Mondal

Versus

The State of West Bengal & Ors.

Mr. Subhendu Banerjee ...for the Petitioner Mr. Nilotpal Chatterjee Mr. Subhendu Sengupta ...for the State

1. The petitioner is aggrieved by the fact that inspite of direction being passed by the learned Civil Judge (Junior Division), 3rd Court, Baruipur, South 24 Parganas, wherein the learned Court was pleased to direct the defendants not to disturb peaceful possession of the plaintiff over the "ka" schedule and also directed not to change the nature and character of the said schedule, the private respondents are pursuing with the illegal activities and are interfering with the peaceful enjoyment of the property. To that effect information was furnished with the Inspectorin-Charge, Joynagar Police Station. However, the concerned police station did not act upon the same.

2. State has submitted a report which reflects that the police authorities prevented any untoward incident or any cognizable offence to have taken place and to that effect acted as per the learned Civil Court's order. Police authorities also have taken steps so

that there are no inconvenience caused to the parties.

3. Petitioner has only referred to the ad interim order. However, if the petitioner is aggrieved by the act and action of the police authorities, petitioner would be at liberty to approach the concerned Civil Court with appropriate prayers for rendering police assistance, in case such an order is passed, police authorities would respect and obey to implement the order. In the meantime police authorities would keep a strict vigil and would ensure that no breach of the peace takes place and/or any untoward incident results because of the inimical relationship between the petitioner and the private respondent.

4. With the above observations, WPA 7283 of 2025 is disposed of.

5. The report submitted by the State be kept on record.

6. A copy of the report be handed over to the learned advocate appearing for the petitioner.

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

(Tirthankar Ghosh, J.)