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Calcutta High CourtWPA/15370/2025disposed

Pranab Kumar Bera v. The State Of West Bengal And ORS.

2025-07-28Hon'Ble Justice Tirthankar Ghosh2 pages

W.P.A. 15370 of 2025 Pranab Kumar Bera VS The State of West Bengal & Ors.

Mr. Supriyo Chattapadhyay Mr. Sudip Kumar Maiti Ms. Debasree Chatterjee ...for the Petitioner.

Mr. Tapas Kr. Dey Mr. Aloke Banerjee ...for the State.

Affidavit-of-service filed by the petitioner be kept 28.07.2025 Court No. 35 D/L. No.91 Rakib with the record.

Petitioner is aggrieved by the fact that in spite of the direction passed by the learned Civil Judge (Junior Division), Kakdwip in connection with T.S. 74/2015, thereby restraining the defendants from disturbing the peaceful possession in the suit property and directing to maintain status quo with respect of the nature and character in the suit property, petitioner complains till date he is unable to cultivate the land. The petitioner draws the attention of the Court to the earlier order passed in WPA 18102 of 2024 in respect of Pathar Pratima PS Case no. 235/2024. Petitioner claims that neither he is able to cultivate nor he is able to harvest the crops.

Having regard to the fact that the petitioner's main emphasis now is on implementation of the Civil Court's order, I direct that for breach of any order passed by the Civil Court, it is Civil Court who has to address and

redress the grievance.

Police authorities will not automatically act without specific directions being passed by the Civil Court for violations of its order. The police authorities have been keeping a strict vigil they would continue the same and ensure that no untoward incident results because of the strained relationship existing between the petitioner and the private respondents. With the aforesaid observations WPA 15370 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

Copy of the report be handed over to the learned advocate appearing for the petitioner.

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.)