Rehana Sultana v. State Of West Bengal And ORS.

23.06.2025 W.P.A. 11755 of 2025 Item No.53 Ct. No.35 dc.

Rehana Sultana versus State of West Bengal & Ors.

Mr. K. M. Hossain, Ms. Afreen Begam, Ms. Keya Sutradhar, Mr. Kazi A. Ali, Mr. Masooq Rahman ... For the Petitioner.

Ms. Rupannita Laha ... For the State.

Mr. Lutful Haque, Mr. Fazle Rabi ... For the Respondent Nos. 5, 6 & 7.

Report submitted by the learned advocate appearing for the State be kept with the record. The petitioner is aggrieved by the fact that in spite of an order of injunction passed in connection with T.S. No. 41 of 2025 by learned Civil Judge (Jr. Division), 2nd Court, Bolpur, Birbhum, the private respondents have been carrying out their construction without adhering to the directions passed by the civil court. To that effect, information was furnished to the Officer-in-Charge, Nanoor Police Station. However, no steps have been taken till date.

Learned advocate appearing for the private respondent nos.

5, and submits that construction has been made in a different plot of land and the same is owned by the private respondents.

On the other hand, learned advocate appearing for the petitioner submits that whole of

the property is an undivided property and as such, the private respondents should have adhered to the order so passed by the learned civil court.

Be that as it may, the nature of dispute complained of is absolutely of a domain which is to be considered by the civil court. Having considered the steps taken by the police authorities as they have drawn up proceedings under Sections 126/135(3) of BNSS, I am of the view that the police authorities would continue their surveillance and ensure that no breach of the peace or tranquility takes place at the locale and/or any untoward incident results because of the strained relationship existing between the petitioner and the private respondents. However, the police authorities would also ensure that the order of the civil court be respected and obeyed by the parties to the present litigation.

The petitioner will take steps before the civil court, if situation so demands and if there are further directions by the civil court upon the police authorities, the police authorities would ensure that under no circumstances the order of the civil court is violated.

With the aforesaid observations, the writ petition being WPA 11755 of 2025 is disposed of. There will be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)