Salima Bibi v. State Of West Bengal And ORS.

30.01.2023.

Court No.13 Item No. 518 ap W.P.A. No. 16300 of 2021 Salima Bibi

Versus

The State of West Bengal & Ors.

Mr. Dilip Kumar Shyamal, Mr. Gourav Ghosh, Mr. Koushik Banerjee.

...For the petitioner.

Mr. Gazi Faruque Hossain, Ms. Chandra Paul, Ms. Priyanka Mondal.

...For the respondent nos.5 & 6.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that the private respondents in violation of the order of status quo passed in Title Suit No. 139 of 2011 by the learned Civil Judge (Junior Division) 3rd Court, Baruipur, South 24 Parganas are effecting construction. Counsel for the private respondents submits that his clients are not violating the order of injunction at all. It is further submitted that his clients have applied before the Court below for clarification of the order in question.

This Court notes that the petitioner should have approached the Court below for a direction upon the local Police Station to enforce the order of injunction. However, the Officer-in-charge, Joynagar Police Station shall strictly enforce the order that may be passed on them by the Civil Court.

All applications of the petitioner and the private respondents shall be disposed of by the Court below within a period of one month from the date of communication of a copy of this order.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)