Fency Khatun Bibi v. State Of West Bengal And ORS.

27.06.2023.

Court No.13 Item No. 6 ap W.P.A. No. 12424 of 2023 Fency Khatun Bibi

Versus

The State of West Bengal & Ors.

Mr. Srikanta Datta.

...For the petitioner.

Sk. Md. Galib, Ms. Tanwishree Mukherjee.

... For State.

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

2. The petitioner complains that notwithstanding order dated 14th March, 2022 passed by the learned Civil Judge (Senior Division) 2nd Court, Rampurhat, Birbhum in Title Suit No. 177 of 2018, Nalhati Police Station has not taken any steps to enforce the order dated 18th March, 2019 of status quo and injunction against the defendants in the suit.

3. Nalhati Police Station is represented. It is submitted that three several FIRs have been registered on the complaint of the petitioner and investigation has been completed and charge-sheets being C.S. No. 180 of 2019 dated 30th June, 2019, C.S. No. 140 of 2020 dated 20th August, 2020 and C.S. No. 320 of 2021 dated 30th September, 2021 have been filed.

4. This Court clearly sees that the order passed by the Civil Court has been flagrantly violated by the private respondents/defendants.

5. Nalhati Police Station shall post a police picket comprising of two constables at the suit land and ensure that the private respondents do not in any way disturb the petitioner or the cultivation of her land. The police picket shall be posted for a period of two weeks from date.

6. The report of the Nalhati Police Station in the form of instructions addressed to the Government Pleader, High Court, Calcutta be taken on record.

7. With the aforesaid directions, the instant writ petition shall stand disposed of.

8. There will be no order as to costs.

9. 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.)