Sk Manju Ali v. State Of West Bengal And ORS.

27.04.2022 Court No.13 Item No.57 AP WPA 12291 of 2021 Sk. Manjur Ali Vs.

The State of West Bengal and Ors.

Mr. Sukumar Ghosh Ms. Moumita Ghosh ... For the Petitioner.

Mr. Wasim Ahmed ... For the State.

The petitioner submits that he is enjoying a decree passed in TS No.356 of 2004 in respect of a certain property.

It is submitted that the petitioner was being obstructed by the private respondents, who are also the defendants in the aforesaid suit, while he was effecting construction for a wall within his property. The petitioner has made a complaint to the local police station being Barasat Police Station, but in vain.

This Court is of the view that remedy of the petitioner is to seek execution of the aforesaid decree for relief against the private respondents since the rights of the petitioner have already been adjudicated by a civil Court. Barasat Police Station shall only take steps upon specific direction being issued by the civil Court in that regard.

With the aforesaid observations, the writ petition is disposed of without any further orders.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)