Abdul Rahim Shaikh v. The State Of West Bengal And ORS.

D/L 47 23.06.2025 ct.no.35 Kausik W.P.A. 11710 of 2025 Abdul Rahim Shaikh

Versus

The State of West Bengal & Ors.

Mr. Md. Khairul Ms. Shabab Alam ...for the petitioner.

Ms. Gargi Charjee Mr. Shibendra Nath Chattopadhyay ...for the private respondent.

Mr. Prasanta Kr. Giri ...for the State.

Learned advocate appearing for the petitioner is aggrieved by the fact that in spite of orders being passed by the learned Judge, Bench No. X City Civil Court Calcutta, the private respondents in violation of the said order has affixed a padlock.

Petitioner has also taken out an application under section 151 of the Civil Procedure Code wherein directions were passed upon the Officer-inCharge of Amherst Street Police Station. I have considered the information furnished to the Joint Commissioner of Police (Crime), Kolkata Police Headquarters, Deputy Commissioner of Police,

ND & NSD, Kolkata as well as the Officer-in-Charge, Amherst Street Police Station.

Having regard to the fact that title suit no. 1422 of 2023 is still pending before the learned Judge, Bench No. X, City Civil Court, Calcutta, I am of the view that if there has been a breach of the civil courts order so far as the injunction is concerned and so far as the police authorities were directed to implement such order, petitioner would exhaust such remedies under the relevant provisions of the Civil Procedure Code.

Police authorities would only ensure that there is no breach of the peace and tranquility and/or any untoward incident resulting from the strained relationship existing amongst the parties. Report so submitted be kept with the record.

With the aforesaid observations WPA 11710 of 2025 is disposed of.

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

(Tirthankar Ghosh, J.)