Dalhousie Jute Company v. State Of West Bengal And ORS.

10.02.2022.

Court No.13 Item No. 6 ap W.P.A. No. 14968 of 2021 (Through Video Conference) Dalhousie Jute Company

Versus

The State of West Bengal & Ors.

Mr. Raja Basu Chowdhury, Ms. Amrita Pandey, Ms. Anamika Pandey.

....For the petitioner.

Mr. Ashim Kumar Ganguly, Ms. Karabi Roy.

..For the State.

Mr. Arunava Ganguly, Mr. Piyas Choudhury.

..For the respondent nos.4 & 6.

The writ petitioner has filed an exception by way of affidavit to the report of Bhadreswar Police Station. It is sought to be demonstrated by the said affidavit that the claims made by the police apart from being false are also motivated.

It is submitted that the land in question, is an open field and the question of any occupation by any family thereat cannot arise. Photographs are placed and Satellite images are also shown to Court. The sufficiency of the action taken by Bhadreswar Police Station, pursuant to the orders of the Civil Court as informed here is a matter within the exclusive domain of such Civil Court.

If the petitioner approaches the learned Civil Judge (Junior Division) 1st Court at Chandannagore with a copy of this order and an appropriate

application, the learned Civil Judge (Junior Division) 1st Court at Chandannagore shall proceed to decide as to whether the police have, in fact, carried out the Civil Court's order of injunction in letter and spirit. With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

The exception dated 10th January, 2022 filed by the Counsel for the petitioner is taken on record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)