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Calcutta High CourtWPA/17403/2024disposed

Sk. Md. Sofiullah @ Sk Sofiullah v. State Of West Bengal And ORS.

2025-03-20Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 63 20.03.2025 Kausik ct.no.35 W.P.A. 17403 of 2024 Sk. Md. Sofiullah @ Sk. Sofiullah

Versus

State of West Bengal & Ors.

Mr. Md. Harun-All-Rashid Mr. Sk. Morshed Ali ...for the petitioner.

Mr. K. J. Yusuf, AGP Mr. Sanjay Mukherjee ...for the state.

Petitioner is aggrieved by the fact that in spite of a decree being passed in TS No. 93/2020 regarding the right of the petitioner to use the pathway, the private respondents have been obstructing in the free egress and ingress of the petitioner. To that effect, information was furnished to the police authorities but the police authorities did not act upon the same.

Learned advocate appearing for the State has submitted a report. Report reflects that there is no obstruction in the egress and ingress of the petitioner and it also reflects that the petitioners are enjoying their property.

Petitioner has complained before the Officer-in-charge as well as the Superintendent of Police.

However, I find that the direction was passed on 10.07.2023 by the learned Civil Judge (Junior Division) 2nd Court, Burdwan and the informations were subsequently furnished before the administrative authorities including the police officers on 10.05.2024.

If the situation so persists, the petitioner will file a fresh representation to the Inspector-incharge, Bardhaman (Sadar) Police Station afresh bringing the notice of the order passed by the civil court and the ground reality of the civil court's order not being implemented. The Inspector-in-charge will respect, obey and implement the order so passed by the civil court.

With the aforesaid observations WPA 17403 of 2024 is disposed of.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)