Master Ali Mandal v. State Of West Bengal And ORS.

14.05.2025 WPA 9934 of 2025 Sl.No.

Court No. 35 Master Ali Mandal -VsThe State of West Bengal & Ors.

G.S.Das Mr. Simanta Kabir Mr. Chandan Sekh Mr. Avik Pramanick ... for the Petitioner(s) Ms. Jhuma Chakraborty, ld. Sr. Govt. Adv.

Ms. Munmun Tewari ... for the State-respondent(s) Affidavit-of-service so filed be kept with the record.

The petitioner is aggrieved by the fact that in spite of the directions passed by the learned Civil Judge (Jr. Divn.), Kalna, Purba Bardhaman in connection with T.S. 184 of 2024, the police authorities have not given any effect to the order so passed.

Learned advocate for the petitioner specifically contends that there were restrain order being passed by the learned Civil Court so that the defendants are

restrained from changing the nature and character of the property concerned as also entering and/or disturbing petitioner's peaceful possession over the suit property.

A representation, to that effect, was furnished before the police authorities, but, the police authorities refused to aid and/or assist and/or implement the order passed by the learned civil court.

Ms. Jhuma Chakraborty, learned Senior Government Advocate, appears for the State and submits that since the civil court is already in seisin of the issues, the police authorities have no scope for interference except to keep a strict vigil so that no breach of the peace and/or tranquility takes place. Learned advocate also submits that Nadanghat P.S. Case No. 128 of 2025 was registered for investigation and, on completion of the investigation, charge-sheet has been submitted before the learned jurisdictional

court.

Having considered the submissions advanced by the respective parties as also the agony expressed by the petitioner, I am of the view that in case the petitioner approaches the learned civil court, which is already in seisin of the issues, for police assistance and/or appropriate directions upon the police authorities and, if the civil court is of the opinion that such police assistance is to be rendered, then, in that case, the police authorities would respect, obey and implement the order of the learned civil court.

The petitioner apprehends that his harvest may be taken away by the private respondents. As such, if any dispute arises, the police authorities would ensure that the party, who cultivated the land, should be entitled to harvest.

With the aforesaid observations,

WPA 9934 of 2025 is disposed of.

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

Report so submitted be kept with the record.

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.)