Achyut Sasmal v. State Of West Bengal And ORS.

rkd 27.04.2026 Ct.05 W.P.A. 8540 of 2026 Achyut Sasmal -vsThe State of West Bengal & Ors.

Mr. Manoranjan Jana ....for the petitioner.

Mr. Jyoti Pakash Chatterjee, Ms. Kakali Pal ....for the State.

Mr. Sujay Bandyopadhyay, Mr. Jagajyoti Das, Mr. Subhamoy Dutta ....for the respondent no.6.

1.

Matter is heard in presence of the learned advocates representing the petitioner, State respondents and private respondents.

2.

Prayer is made by presenting this writ petition, inter alia, for giving direction upon the police authorities to take steps in terms of the order dated 13th March, 2026 passed on an application under Section 151 of Code of Civil Procedure. 3.

It is submitted that in spite of direction contained in the order dated 13th March, 2026 concerned police authority is not taking any steps.

4.

Learned advocates representing the State respondents and private respondents have jointly opposed this writ petition and it is submitted that an ex parte ad interim order of status quo was passed on 20th March, 2025.

5.

Having considered the respective submissions

made on behalf of the parties and on perusing the ex parte ad interim order of status quo dated 20th March, 2025 it appears that civil court passed an order directing the parties to maintain status quo in respect of nature, character and possession of the suit property for a limited party.

6.

However, what was the right of the parties over the property in question on the day status quo order was passed, was not defined in the order dated 20th March, 2025. Therefore, no right at the interim stage accrued in favour of the parties to the suit. In this regard, reliance is placed on the judgment of a coordinate Bench, reported in 2016 SCC OnLine Cal 2683 (Sri Soumitra Bandopadhya & Anr. v.

State of West Bengal & Ors.).

7.

In view of nature of order passed on 20th March, 2025 no relief can be granted to the petitioner thereby directing the police authorities to take steps in terms of the order passed by the civil court on 13th March, 2026.

8.

Writ petition stands dismissed.

9.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)