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Calcutta High CourtWPA/14328/2025disposed

Archana Ray v. The State Of West Bengal And ORS.

2025-07-23Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 24 23.07.2025 ct.no.35 Kausik W.P.A. 14328 of 2025 Archana Ray

Versus

The State of West Bengal & Ors.

Ms. Pampa Dey Dhabal Ms. Sangita Banerjee Ms. Sarbani Dutta ...for the Petitioner.

Mr. Soujanyo Pattanayak Mr. Rhiddhiman Mukherjee ...for the respondent nos. 9 & 10.

Mr. Rajarshi Basu Mrs. Sanchayita De ...for the State.

Affidavit of service filed be kept with the record.

Petitioner submits that she is a cancer patient. Petitioner being a lawful owner of a property is being disturbed by the private respondents. In spite of informations been furnished to the police authorities, no steps have been taken. Petitioner also submit that a civil suit was filed before the jurisdictional court being T.S. No. 225/2025. The attention of the Court has been drawn to the order passed by the learned Civil Judge (Junior Division), 4th Court, Purba Bardhaman wherein it was directed to maintain status quo in

respect of the nature, character and the possession of the scheduled properties.

Learned advocate for the private respondent nos. 9 and 10 submits that the respondents are aged senior citizens and unnecessarily being roped in each and every writ petition without having any fault on their part.

Learned advocate for the State submits that a long standing dispute is existing between the petitioner and the private respondents. The civil court has already passed necessary directions but such directions were never upon the police authorities for any compliance. If any direction is passed upon the police authorities, subsequently so far as the civil suit is concerned, in that case, the police authorities would respect, obey and implement the orders passed by the civil court. However, if the police authorities are in a position not to implement the order of the civil court they would submit a report expressing the inconvenience for implementing such order.

It has been also brought to the notice of this Court that pursuant to the information furnished by the present petitioner Bhatar PS Case No. 170/2025 has been registered for investigation and the investigation of the case is still in progress.

Having regard to the totality of the circumstances I direct that police authorities would oversee that no untoward incident results because of the strained relationship presently existing between the petitioner and the private respondents.

With the aforesaid observations WPA 14328 of 2025 is disposed of.

Report so 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.)