Rina Sarkar v. State Of West Bengal And ORS.

07.05.2025 W.P.A. 9288 of 2025 Item No.24 Ct. No.35 dc.

Rina Sarkar versus The State of West Bengal & Ors.

Mr. Partha Sarathi Mondal ... For the Petitioner.

Mr. Rajarshi Basu, Mr. Anirban Datta ... For the State.

Ms. Manali Biswas, Mr. Mrinal Saha ... For the Respondent Nos.5 & 6.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocates appearing for the petitioner and the respondent nos. 5 and 6.

The petitioner is aggrieved by the fact that the police authorities did not respond to the information furnished which is dated 03.04.2025. Learned advocate appearing for the State has drawn the attention of the Court to different order passed in O.S. 34 of 2025 by the learned Civil Judge (Jr. Division), Additional Court, Berhampore, Murshidabad.

Learned advocate appearing for the respondent nos. 5 and 6 has drawn the attention of the Court to the order dated 18.03.2025 passed in O.S. 34 of 2025 wherein the learned civil court has refused police assistance to the petitioner.

Having considered that the civil court is in seisin of the issue, I am of the view that if any dispute arising out of the property is complained of, it would be the exclusive domain of the civil court to consider the same. If the civil court directs for police assistance, police authorities will then render such assistance by way of respecting, obeying and implementing the said order. In the meantime, the police authorities would ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 9288 of 2025 is disposed of. There will be no order as to costs.

Photostat copy of the order dated 18.03.2025 passed in O.S. 34 of 2025 be kept with the record. 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.)