← Library
Calcutta High CourtWPA/17202/2021disposed

Ramjan Molla And ORS v. State Of West Bengal And ORS.

2022-06-06Hon'Ble Justice Shampa Sarkar2 pages

S/L 38 6.6. 2022 Court. No. 19 sn WPA 17202 of 2021 Ramjan Molla & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Gopal Chandra Ghosh Mr. R.K. Mondal ... for the Petitioners Mr. Sirsanya Bandopadhyay Mr. Subhendu Sengupta ... for the State.

None appears on behalf of the respondent nos.7 and 8.

This writ petition has been filed alleging inaction on the part of the Inspector-in-Charge, Maheshtala Police Station. Allegation is of failing to comply with the direction of the learned Civil Judge(Junior Division) 6th Court at Alipore. The police authorities were directed to ensure compliance of the interim order of injunction dated March 23, 2017, in its letter and spirit. Such order was passed on September 6, 2021. The same has been annexed to the writ petition. The order passed by the learned Court below is as follows :- " Therefore, the officer-in-charge of Maheshtala police station, is, hereby, directed to ensure compliance of the interim Order no.

dated 23/03/2017 in letter and spirit, so that the same is not violated by the defendants."

A civil suit is pending between the petitioners and the respondent nos. 7 and 8. An order of ad-

interim injunction was passed. The police authorities were directed to ensure compliance. The police authorities are bound to follow the direction of the learned Civil Court.

Under such circumstances, this writ petition is disposed of with a direction upon the Officer-inCharge, Maheshtala Police Station, to comply with the order of the learned Civil Judge(Junior Division) 6th Court at Alipore passed in Title Suit No. 406 of 2017 dated September 6, 2021, unless the said order has either been vacated, modified or set aside by a superior court.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)