Tahmina Khatoon v. The State Of West Bengal And ORS.

05.08.2025 W.P.A. 15651 of 2025 Item No.10 Ct. No.35 dc.

Tahmina Khatun versus State of West Bengal & Ors.

Mr. Iftekar Munshi, Ms. Sona Kundu ... For the Petitioner.

Mr. Malay Kumar Singh, Ms. Kakali Pal ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the fact that in spite of direction being passed by the Wakf Tribunal, the same is not complied with by the local police authorities. To that effect, learned advocate appearing for the petitioner has drawn the attention of the Court to the orders dated 07.02.2018 and 14.06.2018 passed by the Wakf Tribunal in Suit No. 30 of 2017.

State has submitted a report which reflects that earlier a case was registered being Salar P.S. Case No. 32 of 2024 dated 01.02.2024 and on conclusion of investigation, charge-sheet has been submitted. Many proceedings have been drawn up under Sections 107/116 of the Code of Criminal Procedure for maintenance of peace and tranquility. Learned advocate for the petitioner submits that already an application under Order 39 Rule 2A

of the Code of Civil Procedure is pending before the Tribunal.

Having considered that the Tribunal is considering whether there has been breach of an order passed by the Tribunal itself, at this stage I am not inclined to interfere so far as the issues relating to property are concerned. However, the police authorities would continue their surveillance so far as the issues relating to peace and tranquility is concerned and also ensure that no untoward incident results because of the strained relationship existing between the petitioner and the private respondents.

With the aforesaid observations, the writ petition being WPA 15651 of 2025 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.)