Mantu Bag v. State Of West Bengal And ORS.
23.06.2025 WPA 11598 of 2025 Sl.No.
Court No. 35 Mantu Bag -VsThe State of West Bengal & Ors.
G.S.Das Mr. H. Barua Mr. B. Das ... for the Petitioner(s) Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee Mr. Soumen Chatterjee ... for the State-respondent(s) Affidavit-of-service filed be kept with the record.
The petitioner is aggrieved by the fact that inspite of the directions passed on 17.01.2024 by the learned Civil Judge (Jr. Divn.), 1st Court, Paschim Medinipur in T.S. 29 of 2024 thereby restraining the defendants (the private opposite parties herein) from dispossessing the plaintiff (the petitioner herein) from the suit property, yet, he has been facing inconveniences.
The petitioner had to again apply under Section 151 of the CPC and by an
order dated 19.02.2024, there were directions upon the Officer-in-charge of Debra Police Station.
Since the petitioner was facing the inconveniences, he approached the learned Executive Magistrate as also made representation before the Officer-in-charge of Debra Police Station.
Report submitted by the State reflects that Debra P.S. Case No. 260 of 2024 dated 29.09.2024 was registered for investigation under the relevant provisions of the IPC and on conclusion of the investigation, charge-sheet has been submitted. Another case being Debra P.S.
Case No. 473 of 2024 dated 20.07.2024 was registered for investigation.
Report of the police authorities also reflects that assistance was also provided to writ petitioner while harvesting the cultivated paddy on or about 29th April, 2024.
Primarily, dispute is in respect of cultivation and harvesting of paddy. The police authorities have limited scope to act without a proper order from the civil court. The records of the case reflect that the police authorities at least on three occasions have taken steps.
The petitioner, if he is further aggrieved regarding the act and actions of the police authorities, would, under the relevant provisions of the CPC, apply before the learned Civil Judge (Jr. Divn.), 1st Court, Paschim Medinipur for breaching the order passed by the learned Civil Court against the appropriate persons.
Be that as it may, the police authorities have reported that they have been keeping strict vigil, they would respect, obey and implement the order of the learned Civil Court. They would also ensure that no breach of the peace and/or tranquility takes place in respect of the subject matter of the grievance which
has been addressed before this court and ensure that no untoward incident results because of strained relationship existing between the parties.
With the aforesaid observations, WPA 11598 of 2025 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record. A copy of the report be handed over to 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.)