Excellarealtars Pvt Ltd v. State Of West Bengal And ORS.

04.01.2023.

Court No.13 Item No. 298 ap W.P.A. No. 12575 of 2021 Excellarealtars Pvt. Ltd.

Versus

The State of West Bengal & Ors.

Mr. Mukteswar Maity.

...For the petitioner.

Mr. Amitesh Banerjee, ld. Sr. Standing Counsel, Mr. Suddhadev Adak.

...For the State.

Ms. Soma Mal.

...For the respondent nos.4 to 8.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that notwithstanding an order of injunction dated 6th April, 2021 passed by the learned Civil Judge (Junior Division) 1st Court at Barasat, the private respondents are continuing to obstruct him.

It is submitted that Rajarhat Police Station is not taking any steps as yet.

Rajarhat Police station has filed a report before this Court. The same is taken on record.

It appears from the said report that the matter is part of a long standing civil dispute between the petitioner and the private respondents and proceedings under Section 107 of the Code of Criminal Procedure have been taken out by the Police Station against the parties.

This Court, therefore, is of the view that in the event of any further omission on the part of the private respondents, he may approach the Rajarhat Police Station, who shall take steps in accordance with law. Rajarhat Police Station shall also submit a detailed report on the present status of the property to the learned Civil Judge (Junior Division) 1st Court at Barasat in Title Suit No. 276 of 2021.

The Inspector-in-charge, Rajarhat Police Station shall, however, ensure that there is absolutely no breach of peace in the area.

In view of the above, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)