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Calcutta High CourtWPA/14391/2024disposed

Ajit Roy And ORS. v. State Of West Bengal And ORS.

2024-05-22Hon'Ble Justice Jay Sengupta2 pages

22.05.2024 WPA 14391 of 2024 Ajit Roy & ors.

-vs- The State of West Bengal & ors.

Mr. Srijib Chakraborty Ms. Riya Das ..for the petitioners Mr. Tapash Kr. Bhatacharya Mr. Aviroop Bhattacharya ...for the respondent nos. 13 & 14 Mr. Rajarshi Basu Mr. S. T. Mina ...for the State Affidavit of service filed on behalf of the petitioners is ssi Ct 14 taken on record.

Copy of letter purportedly containing the date 16.05.2024 as filed in Court is taken on record. Copies are supplied to the learned counsels for the other side.

Learned counsel for the petitioners submits as follows. By an order dated 02.02.2024 passed in WPA 16370 of 2023, this Court disposed of the writ petition by directing the respondent police authorities to ensure that the interim order of injunction of status quo as granted by the learned Civil Court was not violated. If a padlock had been put in violation of the Civil Court's order, the police authorities were at liberty to look into the same and break it open. Even

after this, the private respondents are continuously disturbing the petitioners. They are trying to hold a Loknath Puja in the suit property. The petitioners have objected to this and give a representation dated 16.05.2024 to the police.

Learned counsel appearing on behalf of the State points out that although the letter is dated 16.05.2024, in the body of the writ petition a postal receipt has been annexed for the day 15.05.2024.

The contradiction between the date of the letter and the date mentioned in the postal receipt cannot be explained.

In view of the above, the writ petition is disposed of by granting liberty to the petitioners to make a fresh representation before the police authorities which shall be considered in accordance with law.

However, there shall be no order as to costs. Parties shall act on a server copy downloaded from the official website of this Court.

(Jay Sengupta, J.)