Bijoy Kumar Banik And ANR v. Arindam Mukhopadhyay

16.07.2024 Sl. No. 76.

D/L.

Mithun Ct.No.17.

CPAN 784 of 2024 In WPA 11426 of 2023 Bijoy Kumar Banik & Anr.

Vs.

Arindam Mukhopadhyay Mr. Jyoti Prakash Chatterjee ...for the petitioners.

Learned Counsel appearing on behalf of the petitioners submits as follows. By an order dated 25.09.2023 passed by this Court in WPA 11426 of 2023 this Court had recorded that the petitioners could not be relegated to the Civil Court to obtain a relief of returning to their own house. The police authorities were directed to facilitate their return to their own residence. The police were further directed to keep a sharp vigil at the locale and ensure that no breach of peace took place. This order was communicated to the alleged contemnor.

On 11.10.2023, the petitioner was escorted by the police to their residence. But, immediately after that the private respondents started torturing them. In fact, an FIR had to be registered. However, again the

private respondents dispossessed the petitioners from their residence.

The respondent police had actually escorted back the petitioners to their residence in compliance of this Court's order. They have also entertained further complaints.

However, there is a further cause of action, which needs to be dealt with. The petitioners shall be at liberty to approach this Court afresh.

Therefore, the contempt application is disposed of without any further order, even as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Jay Sengupta, J.)