Buddhadeb Dhara v. State Of West Bengal And ORS.

11.03.2025 WPA 11490 of 2024 Sl.No.

Court No. 35 Buddhadeb Dhara -VsThe State of West Bengal & Ors.

G.S.Das Mr. Sabyasachi Chatterjee Mr. Debabrata Mondal ... for the Petitioner(s) Mr. Amal Kr. Sen, ld. AGP Mr. Lal Mohan Basu ... for the State-respondent(s) Re Affidavit of service so filed be kept with the record.

The petitioner is aggrieved by the fact that in spite of the learned Civil Judge (Jr.Divn.), Haldia passing an ad interim order of injunction for maintaining status quo with regard to nature and character of the 'ka' schedule property referred to in the plaint, there has been obstruction in free egress and ingress of the petitioner at the behest of the private respondents.

State has submitted a report. Let the same be kept with the record.

However, on perusal of the enclosure to the writ petition, it reflects that a representation was submitted before the police authorities on 24th January, 2024 and more than thirteen months have passed since such representation was filed with the Officer-in-charge of Bhabanipur Police Station, Haldia, Purba Medinipur.

The enclosures to the writ petition also reflect that the learned Civil Court was also pleased to appoint a Commissioner and such order was passed on 3rd March, 2022.

Since the Commissioner's report presumably by this time should have reached the learned Civil Judge (Jr. Divn.) in seisin of T.S. 38 of 2022, I am of the view that if there are any direction passed by the learned civil court which has been violated by the respondents, the police authorities would either inform the learned civil court concerned regarding the adamant attitude of the private respondents

or, in the alternative, would implement the order passed by the learned civil court so far as it relates to free egress and ingress of the petitioner.

With the aforesaid observations, WPA 11490 of 2024 is disposed of.

Pending application, if any, is also disposed of.

Report so submitted be kept with the record. 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.)