Sova Chowdhury Pal @ Sova Chowdhury And ORS. v. The State Of West Bengal And ORS.

17.03.2025 W.P.A. 15609 of 2024 Item No.268 Ct. No.35 dc.

Sova Chowdhury Pal @ Sova Chowdhury & Ors.

versus The State of West Bengal & Ors.

Ms. Manali Biswas ... For the Petitioners.

Mr. Swapan Banerjee, AGP, Mr. Sougata Mitra ... For the State.

Supplementary affidavit filed on behalf of the petitioners be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The writ petition and the supplementary affidavit have been filed for violation of orders passed by the learned civil court as the private respondents have been pursuing the construction in spite of directions passed by the civil court. Having considered the adamant attitude of the private respondents, this Court directed that the private respondents should stay outside the jurisdiction of Berhampore Police Station. There were reports and digitalised photographs which were presented on record which reflected that the private respondents are entering the jurisdiction, but the Inspector-in-Charge, Berhampore Police Station is presenting an otherwise police report before this Court.

In spite of direction of this Court, it has been pointed out that the private respondents having hardly any care for law are pursuing another

construction nearby which would be reflected from the demolition work being carried out which is again in violation of the civil court's order. The cryptic reports of Inspector-in-Charge, Berhampore Police Station do not inspire confidence of this Court.

Accordingly, the Additional S.P./SDPO in-charge of Berhampore Police Station will have video recording of the statement of the present petitioner in respect of the violations of the order and the manner in which the orders of this Court and the civil court have been flouted by the private respondents.

In case it is found by the superior officer that the reports which have been furnished before this Court are for diverting the attention of this Court and were not in accordance with the ground reality, the concerned superior officer will refer the matter to the superior authorities who are responsible for taking action against the Inspector-in-Charge, Berhampore Police Station.

With the aforesaid observations, the writ petition being WPA 15609 of 2024 is disposed of. There will be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)