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Calcutta High CourtWPA/9553/2023disposed

Arabinda Das v. The State Of West Bengal And ORS.

2025-02-25Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 23 25.02.2025 Bpg.

ct.no.35 W.P.A.9553 of 2023 Arabinda Das

Versus

The State of West Bengal & Ors.

Mr. Bhaskar Chandra Manna.

...for the petitioner.

Mr. Amal Kr. Sen Ms. Ashima Das (Sil).

...for the State-respondents.

Mr. Samiran Giri.

...for the respondent nos.7 to 12.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner claims that his egress and ingress has been obstructed at the behest of the private respondents in spite of the civil court having passed the order.

Learned advocate for the State submits that the police authorities have no role to play until and unless there are specific directions from the civil court.

Learned advocate for the private respondent nos.7 to 12 submits that the ex parte decree which was passed in connection with Title Suit No.248 of 2007 has been recalled and there has been complete change of circumstances. The dispute and differences are being adjudicated by the civil court.

In view of the change of circumstances as pointed out, the police authorities will only restrict themselves over issue relating to breach of the peace and tranquility, if there is any violation of the same, police authorities would interfere and ensure that no untoward incident results because of the strained relationship between the parties.

With the aforesaid observations, WPA 9553 of 2023 is disposed of.

There will 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.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)