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Calcutta High CourtWPA/16519/2022disposed

Uma Mondal v. State Of West Bengal And ORS.

2022-09-07Hon'Ble Justice Rajasekhar Mantha2 pages

07-09-2022 ct no. 13 Sl.576 sp WPA 16519 of 2022 Smt. Uma Mondal -VersusThe State of West Bengal & Ors.

Mr. Sudip Sarkar ....for the petitioner Affidavit of service filed in Court today is taken on record.

The petitioner is aggrieved that notwithstanding orders passed by the learned Civil Judge (Senior Division) at Bongaon, North 24 Parganas in T.S. No.

07/2019, the private respondents are continuing to effect construction. The remedy of the petitioner is before the learned Court itself i.e. to seek enforcement of the order of injunction in the Court below under Order 39, Rule 2(a) of the CPC. If the petitioner approaches the said Court and the Court of learned Civil Judge (Senior Division) at Bongaon, North 24 Parganas, deems it fit it may order such protection in accordance with law.

It is expected that the Officer-in-Charge, Gopalnagar Police Station, North 24 Parganas, shall comply with any order that may be passed by the Civil Court in that regard.

The Gopalnagar Police Station shall, however, ensure that there no breach of peace in the said area.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall 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.

(Rajasekhar Mantha, J.)