Biswanath Ghosh Kole v. State Of West Bengal And ORS.

05.02.2025 WPA 10459 of 2024 Sl.No.

Court No. 35 Biswanath Ghosh Kole -VsState of West Bengal & Ors.

G.S.Das Mr. Manoranjan Mahata Mr. Ziaul Haque Mr. Amit Bikram Mahata ... for the petitioner(s) Mr. K. J. Yusuf, ld. AGP Mr. Kazi Sajjad Alam ... for the State-respondent(s) Affidavit-of-service so filed be kept with the record.

The main grievance of the petitioner is that in spite of there being an injunction order of the Civil Court, the private respondents are changing the nature and character of the property.

State has submitted a report which reflects that the police authorities have already registered a case being Narayanpur P.S. Charge Sheet No. 61 of 2024 dated 30.04.2024.

Having considered that the police

authorities have acted on the excesses inflicted on the petitioner, I am of the view that further interference on the police authorities are unwarranted until and unless specific direction(s) is passed from the learned Civil Court which is in seisin of the matter.

The right, title and interest of a property are the exclusive domain of the learned Civil Court. It would be the learned civil court which would provide any efficacious remedy available under the law.

The police authorities should keep a strict vigil and ensure that no breach of peace and tranquility takes place because of the inimical relationship existing between the parties.

With the aforesaid observations, WPA 10459 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. Let a copy of the report be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)