Chandranath Khotel v. State Of West Bengal And ORS.

11.06.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 14802 of 2024 Chandranath Khotel -versus The State of West Bengal & Ors.

Mr. Vishal Mallick.

...For the Petitioner.

Ms. Jhuma Chakraborty, Ms. Munmun Tewari.

...For the State.

Mr. Kallol Mondal, Mr. Krishan Ray, Mr. Souvik Das, Ms. Anamitra Banerjee, Mr. Akbar Laskar.

...For the Respondent Nos. 4, 5 and 6.

The petitioner refers to the order dated 16th February, 2024 passed by the Learned Civil Judge, Senior Division, Arambagh, Hooghly in Title Suit No. 143 of 2022.

It has been pointed out that despite direction being passed by the Civil Court directing the parties to maintain status quo in respect of the nature, character and possession of the scheduled suit property till disposal of the suit, the private respondents are illegally trying to dispossess the petitioner being the plaintiff in the suit.

The Court is of the opinion that in the event the private respondents act contrary to the order passed by the Learned Civil Court, the petitioner ought to

approach the said Court for remedy. Approaching the police may not serve the purpose and passing any direction upon the police will be absolutely improper as the Learned Civil Judge is already in seisin of the matter.

Report filed by the Inspector-in-charge, Arambagh Police Station signed on 10th June, 2024 is taken on record.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)