Sambhu Charan Koley v. State Of West Bengal And ORS.

25.7.2022 Court No. 19 Item no.471 sn WPA No. 9288 of 2022 Sambhu Charan Koley Vs.

The State of West Bengal & ors.

Mr. Sabyasachi Hazra ....for the petitioner Ms. Sutapa Sanyal Ms.Sunita Saha ..for the State Mr. Kamal Ganguly ..for the respdt.6-10 The police authorities have filed a report, from which it appears that the respondent nos. 6 to 10 had obstructed the ingress and egress of the petitioner and the cattle belonging to the petitioner. An order of ad-interim injunction was passed by the learned Civil Judge, Junior Division, 3rd Court, Serampore, Hooghly dated July 14, 2021. The police authorities found that there had been a violation of the order of injunction passed by the learned Civil Court.

The police authorities, on receipt of the complaint, went to the place of occurrence and asked the parties to comply with the order of the learned Civil Court.

Thereafter, the obstruction was removed. The pictures annexed to the report, show that at the moment there are no obstructions. The learned Civil Court had already passed an order directing the

police authorities to ensure that the ad-interim order of injunction passed by the learned Court, is implemented.

This Court is of the view that the Officer-inCharge, Chanditala Police Station must ensure that the ad-interim order of injunction is not violated by any of the parties, until the same is either set aside, varied or vacated.

The order of injunction indicates that the petitioner's ingress and egress had been protected by the learned Civil Court and the defendants of the suit were restrained from dispossessing the petitioner and from disturbing the petitioner's peaceful enjoyment of the property. Any obstruction which would disturb the cow shed and the movement of the cattle of the petitioner, would also be a violation of the order of the learned Civil Court. The domestic animals reside in cow shed on the suit property. If there are further obstructions, the petitioner shall approach the learned Civil Court, in accordance with law.

This writ petition is disposed of.

There will be, however, no order as to costs. All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)