← Library
Calcutta High CourtWPA/16990/2025disposed

Latifa Bibi v. The State Of West Bengal And ORS.

2025-08-07Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 7 07.08.2025 Bpg.

ct.no.35 W.P.A.16990 of 2025 Latifa Bibi

Versus

State of West Bengal & Ors.

Mr. Abhisekh Halder Mr. Omar Faruk Gazi Ms. Madhurima Boase Ms. Susmita Das.

...for the petitioner.

Mr. Suman Ghosh Mr. Sankha Prasad Roy.

...for the State-respondents.

Mr. Animesh Paul.

...for the respondent nos.4 to 7.

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

Petitioner complains that the notice of Hasnabad Police Station is interfering with the right to property of the petitioner and the police authorities have no right to issue such notice.

State has submitted a report and drawn the attention to the orders passed in T.S. 668 of 2025 and further claims that the said notice was only a communication in respect of the orders passed in the title suit. It is further contended in the police report that a long standing family dispute is existing between the petitioner and the private respondents.

Police report also reflects that the police authorities have taken steps.

Learned advocate for the private respondent nos.4 to 7 submits that they are in possession. So far as right, title, interest and possession is concerned, it would be for the civil court to decide the same. This Court do not find for the present that there has been any violation of law and order so far as the petitioner or the private respondents are concerned.

There is a civil court's order for maintaining status quo with regard to nature, character and transfer of joint possession of the suit property and the same is till 08.08.2025.

Since the civil court is already in seisin of the issue until and unless there has been any violation of law and order, the police authorities will not interfere. If further notices are issued, the same be brought to the notice of the learned civil court in seisin of T.S.668 of 2025.

With the aforesaid observations, WPA 16990 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

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.)