Julfikar Sardar v. The State Of West Bengal And ORS.
29.04.2025 WPA 7910 of 2025 Sl.No.
Court No. 35 Julfikar Sardar -VsThe State of West Bengal & Ors.
G.S.Das Mr. Sabyasachi Chatterjee Mr. Badrul Karim Mr. Aritra Ghosh ... for the Petitioner(s) Mr. Amal Kumar Sen, ld. AGP Mr. Lal Mohan Basu ... for the State-respondent(s) The petitioner is aggrieved by the fact that certain individuals who are the defendants in the civil suit being T.S. 92 of 2020 are preventing him from entering his property in spite of an ad interim injunction order which has been extended till 06.05.2025 by the learned Civil Judge (Sr. Division), 2nd Court, Baruipur.
State has submitted a report which reflects that the police authorities have already drawn up a proceeding under Sections 126/135(3) of the BNSS against some of the individuals for causing breach of peace against whom the
petitioner has complained.
Since the grievance of the petitioner is against the police authorities and the nature of the dispute is such that the civil court is already in seisin of the issues, I am of the view that if the petitioner takes out an application expressing his grievance before the learned Civil Court which is already in seisin of T.S. 92 of 2020 for direction upon the police authorities and, if any direction(s) is passed, the police authorities would then render appropriate assistance by respecting, obeying and implementing such direction(s) and/or order.
In the meantime, the police authorities would ensure that there is no breach of the peace and/or tranquility taking place as also no untoward incident resulting because of the inimical relationship existing between the parties.
With the aforesaid observations,
WPA 7910 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)