Md Safiul Haque And ORS v. State Of West Bengal And ORS.

March 19, 2024 AD 70 Ct. No.14 SG WPA 10208 of 2023 Md. Safiul Haque and others vs The State of West Bengal and others .

Mr. Basir Layek ... for the petitioners Mr. Amal Kumar Sen Mr. Lal Mohan Basu ... for the State Mr. A.H. Molla Ms. Riya Das ... for the respondent Nos.7 & 8 Report filed by the State is taken on record. Learned advocate for the petitioners submits that in violation of civil court's order, the private respondents have been carrying on with illegal construction. Learned advocate for the respondent Nos.7 and 8 denies the allegations and submits that they have only done some construction work on their own land, but not on the land which is covered by the civil suit in question. Learned advocate for the State relies on the report and submits that at present no construction work is going on. The police have acted as and when orders of the civil court were communicated to the police. Since the matter is pending before a civil court, the petitioners shall be at liberty to make further prayers before the civil court about order directing the respondents/defendants not to alienate the property.

In the meantime, the police shall keep a sharp vigil at the locale, ensure that no breach of peace takes place and see to it that no order of a civil court is violated. Surveillance shall include frequent visits by police patrol. With these observations, the writ petition is disposed of.

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

[ Jay Sengupta, J. ]