Manirul Islam v. State Of West Bengal And ORS.

02.07.2025 WPA 13188 of 2025 Sl.No.

Court No. 35 Manirul Islam -VsThe State of West Bengal & Ors.

G.S.Das Mr. Satyendra Agarwal Mr. Tarak Nath Sarkar ... for the Petitioner(s) Mr. Suman Sengupta Mr. Sambuddha Dutta ... for the State-respondent(s) Mr. Amit Ranjan Pati Ms. Swastika Choudhury ... for the respondent no.4 Re Learned advocate for the petitioner submits that inspite of an injunction order being passed in TS 138 of 2022 by the learned Civil Judge (Jr. Divn.), 3rd Court, Paschim Medinipur, the private respondents have been carrying out the construction illegally and inspite of informing the police authorities, no steps have been taken.

Additionally, it has been submitted that learned Executive Magistrate directed the opposite parties in Petition Case No. 559 of 2025 to stop any kind

of construction. But, inspite of the order of the Executive Magistrate, the private respondents have been carrying out their construction.

On other hand, learned advocate appearing for private respondents submits that the construction is being raised in a separate peace of land and, even if, the order of the Executive Magistrate or the learned Civil Court is violated, the petitioner has his remedy before the appropriate forum.

Learned advocate for the State has submitted a report which reflects that the residential house which is being constructed is at Dag No. 1694 under Mouza-Keshpur and same is after maintaining legal formalities.

The report also depicts background of the nature of dispute, number of civil cases pending inter se the parties as well as the nature of dispute

which has been continuing for a considerable period of time.

Since nature of dispute which has been complained of is absolutely a civil dispute and the civil court is already in seisin of adjudication, I am of the opinion that without specific direction from jurisdictional civil court, police authorities will not be able to interfere in respect of the construction being raised legally and/or illegally.

However, the petitioner, if so advised, would approach the jurisdictional civil court in seisin of the issues. In case, any direction is passed upon the police authorities, the police authorities would respect, obey and implement such order.

With the aforesaid observations, WPA 13188 of 2025 is disposed of.

Pending application(s), if any, is

also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)