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Calcutta High CourtWPA/8807/2022disposed

Manjur Sha v. State Of West Bengal And ORS.

2022-09-14Hon'Ble Justice Rajasekhar Mantha2 pages

14-09-2022 ct no. 13 Sl.27 sp WPA 8807 of 2022 Manjur Sha -VersusThe State of West Bengal & Ors.

Mr. Saibal Acharyya, Mr. Gourab Ghosh ....for the petitioners Mr. Rabindranath Mahato, Mr. Aritra Shankar Ray ....for the respondent nos. 6 to 9 The petitioner is aggrieved that an order of status quo and injunction passed on February 11, 2022 in T.S. No. 76 of 2020 by the learned Civil Judge (Jr. Division), 2nd Court, Paschim Medinipur and a direction on the Debra Police Station, Paschim Medinipur to ensure compliance of the said order.

Counsel for the petitioner submits that in violation of the order of status quo, his client has been thrown out from the premises.

The said submission of the counsel for the petitioner is denied by the counsel for the private respondents.

Having considered the submissions of the parties and having perused the records, this Court is of the view that the directions on the Debra Police Station are rather confusing. The scope of

the order of status quo would essentially depend on the possession existing prior thereto with the concerned parties.

In those circumstances, the parties may approach the Civil Court with appropriate application for violation, if any, of the order of status quo/injunction.

The Debra Police Station, Paschim Medinipur shall, however, ensure that there is absolutely no breach of peace whatsoever in the area and shall abide by any further orders of the Civil Court. With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)