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Calcutta High CourtWPA/16109/2024disposed

Sarif Mistry And ORS. v. State Of West Bengal And ORS.

2025-08-06Hon'Ble Justice Tirthankar Ghosh2 pages

M/L 708 06.08.2025 Bpg.

ct.no.35 W.P.A.16109 of 2024 Sarif Mistry & Ors.

Versus

The State of West Bengal & Ors.

Mr. Sudipto Panda Mr. S.M. Samim Ullah.

...for the State-respondents.

Ms. Sambrita B. Chatterjee.

...for the respondent nos.3 and 4.

Petitioners are aggrieved by the fact that in spite of information being submitted to the police authorities, no steps have been taken. Prima facie, it reflects from the records which have been enclosed that the petitioners are aggrieved particularly with regard to the fact that in spite of injunction order being passed in T.S.110 of 2024, the private respondents have been interfering with the peaceful enjoyment of the property. Petitioners have prayed for executing the order of injunction.

In case there has been violation of the order of injunction, it would be for the petitioners to approach the same civil court for necessary reliefs for breach of the said order. Police authorities will act only after final determination of rights of the parties.

Learned advocate for the respondent nos.3 and 4 is present and denies and disputes the accusations made in the writ petition. It has been further submitted that since no affidavits have been called for, the allegations made in the writ petition are deemed not to have been admitted.

Having regard to the subject matter of the writ petition, I am of the opinion that further pendency of the writ petition is unwarranted. Accordingly, WPA 16109 of 2024 is disposed of.

There will be no order as to costs.

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.)