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Calcutta High CourtWPA/9073/2025disposed

Gitashree Halder v. State Of West Bengal And ORS.

2025-05-06Hon'Ble Justice Tirthankar Ghosh3 pages

W.P.A. 9073 of 2025 Gitashree Halder.

VS The State of West Bengal & Ors.

Mrs. Arundhati Banerjee, Mr. K. Banerjee, Ms. Ria Kundu, Mr. Swapnil Mukherjee.

... for the Petitioner.

Mr. Vimal Kumar Shahi, Ld. AGP, Ms. Reshma Chatterjee.

...for State.

Affidavit-of-service filed by the petitioner be kept 06.05.2025 Court No. 35 Item No.45 Rakib with the record.

Learned advocate for the petitioner submits that there has been interference at the behest of the private respondents who are disturbing the peaceful enjoyment of the property. Petitioner as such was compelled to file a Civil Suit being T.S. 58/25. The learned Civil Judge (Junior Division), Nabadwip, Nadia was pleased to pass an order of injunction and subsequently by an order dated 18.03.2025 directed the I.C. Nabadwip Police Station to ensure that the status quo order with regard to the maintenance of nature, character and possession of the property is not violated. Petitioner's grievance is that inspite of the Civil Court having passed direction the police authorities have refused to render appropriate assistance.

State has submitted a report. On the information furnished on behalf of the complainant Nabadwip PS

Case no. 220/25 has been registered for investigation. One Arabinda Dhar/respondent no.5 was arrested, the investigation of the case if in progress. Police authorities are carrying out further investigation under the Foreigners Act also.

Having regard to the steps taken by the police authorities, I am of the view that so far as the aspect of infraction and violation of law is concerned, police authorities have taken steps. However, so far as the issue relating to the directions of the Civil Court is concerned, if any inconveniences are faced they would inform the jurisdictional Civil Court. Let the investigation of the case which has already commenced be taken to its logical conclusion within a reasonable period of time. With the aforesaid observations WPA 9073 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)