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Calcutta High CourtWPA/9546/2025disposed

Pradip Mondal v. The State Of West Bengtal And ORS.

2025-05-21Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 26 21.05.2025 Kausik ct.no.35 W.P.A. 9546 of 2025 Pradip Mondal

Versus

State of West Bengal & Ors.

Mr. S. Bhattacharyya Mr. Sounak Mondal Mr. Abhirup Haldar ...for the petitioner.

Mr. Gazi Faruque Hossain Ms. Varsha Roy ...for the respondent nos. 4 to 6.

Mr. Dipanjan Datta Mr. Sayan Datta ...for the State.

Police authorities would conduct an enquiry and file an affidavit whether any construction is proceeding in violation of the civil court's order in T.S. No. 223 of 2016. The civil court would take steps for infraction of such order.

Learned advocate appearing for the State has submitted a report. Report reflects that there has been no compliance pursuant to the directions dated 10.01.2019 by the Officer-in-charge of Jibantala Police Station. Petitioner complains that again construction has been initiated at the behest of the private respondents. The same is denied by

the learned advocate appearing for the private respondents.

Police authorities would conduct an inspection and submit an affidavit before the learned Civil Judge (Senior Division), 1st Court, Baruipur in connection with Title Suit No. 223/2016 as to whether any fresh construction has commenced by way of violating the orders passed in Title Suit No. 223/2016. The same be submitted by or within the next date so fixed. The learned Civil Judge (Senior Division), 1st Court, Baruipur would pass necessary directions if it is reflected that there has been a defiance of the order passed in terms of the ad interim injunction in connection with Title Suit No. 223/2016.

Police authorities would keep a strict vigil to ensure that the civil court's directions are adhered to as has been directed by the learned Civil Judge (Senior Division), 1st Court, Baruipur.

Accordingly, WPA 9546 of 2025 is disposed of.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)