Madina Bibi v. The State Of West Bengal And ORS.

05.05.2025 W.P.A. 8427 of 2025 Item No.10 Ct. No.35 dc.

Madina Bibi versus The State of West Bengal & Ors.

Mr. Abdul Hamid Molla, Md. Abdul Halim, Ms. Nupur Chaudhuri, Mr. Sahil Hamid, Mr. Biswadeep Dey ... For the Petitioner.

Mr. Asish Kumar Guha, Mr. Benazir Ahmed ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

The petitioner is aggrieved by the fact that in spite of status quo order passed in Misc. Appeal No. 28/2024, the private respondents are changing the nature, character and possession of the property and are erecting construction in violation of the civil court's order.

State has submitted a report which reflects that police authorities have already drawn up proceedings under Section 126 of BNSS against some of the parties who have violated the order of the civil court.

Petitioner is aggrieved because of the violation in respect of the status quo order. In case the petitioner is of the opinion that the police authorities are not rendering any assistance, the petitioner would approach the jurisdictional civil

court already in seisin of the issue. The concerned court if directs the police authorities to render police assistance, the police authorities would respect, obey and implement the order of the civil court.

With the aforesaid observations, the writ petition being WPA 8427 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.)