Swapan Pal And ANR. v. The State Of West Bengal And ORS.

D/L 13 31.07.2025 Bpg.

ct.no.35 W.P.A.15114 of 2025 Swapan Pal & Anr.

Versus

The State of West Bengal & Ors.

Mr. Tanmoy Chowdhury Mr. Aninda Bhattacharya Mr. S. Sarkar Mr. K.P. Santra.

...for the petitioners.

Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee.

...for the State-respondents.

Mr. Jayanta Kumar Das Ms. M. Das.

...for the private respondent nos.8 to 11.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners are aggrieved by the fact that in spite of the order dated 07.10.2024 passed in T.S.495 of 2023 wherein the Superintendent of Police, Paschim Medinipur was directed to submit report before the court in respect of implementation of the order of the court, no steps have been taken by the police authorities.

State has submitted a report wherefrom it reflects that the Officer-in-Charge, Kharagpur (L) Police Station submitted a report before the learned

Civil Judge (Junior Division), 2nd Court, Paschim Medinipur.

I find that the Superintendent of Police was supposed to submit a report. In view of no report being submitted, it is presumed that the facts narrated by the Officer-in-Charge, Kharagpur (L) Police Station is concurred by the Superintendent of Police, Paschim Medinipur. Having regard to the same, I am of the view that if there is any breach of the order of the learned civil court, the civil court will act in consonance with the provisions of Civil Procedure Code for taking action in respect of violations of the order to be carried out.

Learned advocate for the private respondents submits that the private respondents are denying and disputing the contentions which have been advanced in the writ petition and emphatically submits that no disturbance is created by the private respondents. Having considered that the civil court is completely in seisin of the issue, the learned Civil Judge (Junior Division), 2nd Court, Paschim Medinipur in connection with Title Suit No.495 of 2023 would take steps in consonance with the above directions.

With the aforesaid observations, WPA 15114 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

Copy of the report be handed over to both the parties.

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

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

(Tirthankar Ghosh, J.)