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Calcutta High CourtWPA/13731/2021disposed

Bipin Raut And ANR v. State Of West Bengal And ORS.

2023-01-05Hon'Ble Justice Rajasekhar Mantha2 pages

307. 05.01.2023 Ct. No.13 Tanmoy WPA 13731 of 2021 Bipin Raut & Anr.

-VersusThe State of West Bengal & Ors.

Mr. Gouranga Kr. Das, Adv., Ms. Swati Mandal, Adv.

...for the petitioners.

Mr. Sukanta Chakrabarty, Adv., Mr. Anindya Halder, Adv., Mr. Zubair Ahmed, Adv.

...for the private respondents.

The petitioners are aggrieved by violation of the order dated February 1, 2021, passed by the learned Civil Judge (Junior Division), Kakdwip, South 24-Parganas in T.S. No.26 of 2021, by the respondents.

Both the parties claimed title to immovable property which is the subject-matter of the said suit. The suit is pending.

Leave is reserved to the petitioners to approach the court below for seeking Police help to enforce the order of injunction.

Since the private respondents are represented and have submitted that they are not violating the order of injunction, the Officer-in-Charge of Patharpratima Police Station shall enforce the order of injunction and any further order that would be passed by the learned court below, in accordance with law.

It shall be ensured that there is no breach of peace in the locale.

Since no affidavit is called for, the allegations in the writ petition shall be deemed not to have been admitted by the respondents.

The writ petition shall stand disposed of.

(Rajasekhar Mantha, J.)