Madan Mohan Giri v. State Of West Bengal And ORS.

ML 43 5.7.2022 sb WPA 9782 of 2022 Sri Madan Mohan Giri -vsThe State of West Bengal & Ors.

Ms. Jeenia Rudra ....for the Petitioner Mr. Ashis Kr. Guha Mr. Naren Ghosh Dostidar ...for the State respondent Perused the police report. It appears that a suit for declaration, partition and permanent injunction is pending with regard to the property in question, being Title Suit No. 104 of 2009. An order of injunction has also been passed by the learned civil court in the form of a status quo with regard to the nature, character and possession of the said property.

The police enquiry does not reveal that either party had tried to take possession of the suit property in violation of the order of the civil court, but in order to avoid breach of peace, prosecution under Section 107 of the Code of Criminal Procedure against some persons who were found to be interested in the property, was submitted.

The police authority shall ensure that the order of the learned civil court is implemented and shall

prevent further untoward incident, by keeping a sharp vigil.

This order shall not have any effect on the issues which are to be decided in the pending suit. Accordingly, WPA 9782 of 2022 is disposed of. All parties are to act on the server copy of this order from the official website of this court. (Shampa Sarkar J.)