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Calcutta High CourtWPA/14498/2024disposed

Molla Morshed Ali v. State Of West Bengal And ORS.

2025-08-05Hon'Ble Justice Tirthankar Ghosh2 pages

M/L 47 05.08.2025 ct.no.35 Kausik W.P.A. 14498 of 2024 Molla Morshed Ali

Versus

State of West Bengal & Ors.

Mr. Keshab Ch. Das ...for the Petitioner.

Mr. Asish Kumar Guha Mr. Rajendra Chaturvedi ...for the State.

Petitioner is aggrieved by the fact that in spite of a decree being passed by the learned Civil Court (Senior Division), 2nd Court, Arambagh, Hooghly in T.S. No. 2 of 2006, the petitioner still is facing inconveniences and there are obstructions in the pathway of the petitioner for free egress and ingress.

Learned advocate for the State submits that the pathway which has been referred to in the scheduled plot is a common pathway. Police authorities have already drawn up proceedings under section 107/116 of the Code of Criminal Procedure at the relevant point of time. Police authorities would oversee that no further breach of the peace and/or tranquility takes place. In case there is any violation of the order/decree passed by

the learned Civil Court, petitioner would be at liberty to approach the concerned civil court for execution of such decree.

With the aforesaid observations WPA 14498 of 2024 is disposed of.

Report submitted be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)