Bablu Kumar Ghosh @ Bablu Ghosh v. State Of West Bengal And ORS.

D/L 27 05.08.2025 Bpg.

ct.no.35 W.P.A.16923 of 2025 Bablu Kumar Ghosh @ Bablu Ghosh

Versus

The State of West Bengal & Ors.

Mr. Arunava Ganguly.

...for the petitioner.

Mr. Suman Sengupta Mr. Sanatan Panja.

...for the State-respondents.

Affidavit-of-service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that in spite of an order dated 28.02.2025 passed in Title Suite No.330 of 2025 by the learned Civil Judge (Junior Division), 1st Additional Court, Alipore, South Parganas restraining the defendants from disturbing the peaceful possession of the plaintiff in respect of the suit property and further raising construction by encroaching upon the property, the respondents are violating the said order, subsequently, petitioner approached the civil court for necessary directions under Section 151 of CPC and orders have been passed by the learned Civil Judge upon the Officer-in-Charge, Nodakhali Police Station. Learned advocate appearing for the State submits that police authorities are aware regarding

the difference and dispute between the petitioner and the private respondents. Learned advocate for the State further submits that criminal cases have been registered pursuant to directions passed in the title suit, wherein the petitioner has been implicated as an accused.

Having considered that the civil court is already in seisin of the issue and that for violation of the civil court's order, there are enough provisions in the Civil Procedure Code itself for addressing the issue for breach of orders passed by the civil court, I am of the view that no direction is required to be passed upon the police authorities afresh. Petitioner would approach the civil court under the necessary provisions of law with appropriate prayers. So far as the police authorities are concerned, they would ensure that there is no breach of the peace and/or tranquility.

With the aforesaid observations, WPA 16923 of 2025 is disposed of.

There will 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.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)