Anju Middey v. The State Of West Bengal And ORS.

D/L 19 06.08.2025 Bpg.

ct.no.35 W.P.A.17010 of 2025 Anju Middey

Versus

The State of West Bengal & Ors.

Mr. S. Banerjee Mr. Sk. Raju Ahmed Mr. T. Das.

...for the petitioner.

Mr. Santanu Kr. Mitra Mr. Ananda Dulal Sarkar.

...for the State-respondents.

Mr. Rahul Ganguly.

...for the respondent no.4.

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

Petitioner is aggrieved by the fact that in spite of directions passed in T.S.443 of 2022 on 28.03.2022 and subsequent directions passed on 18.04.2022 in connection with the same suit, no steps have been taken by the Domjur Police Station. Petitioner prays for implementation of the civil court's order.

State has submitted a report. Report reflects that already case and counter case has been initiated against the petitioner and the private respondents

being Domjur Police Station Case No.161 of 2025 and Domjur Police Station Case No.165 of 2025.

I have considered the police report and I find that there is a dispute between the petitioner and the private respondents. The orders referred to are of the civil court of the year 2022. More than 3 years have passed since the civil court has passed directions. In case there is breach of the civil court's order, it would be for the petitioner to draw the attention of the civil court to take steps in accordance with law. This Court will not invoke the provisions of Article 226 of the Constitution of India in respect of the remedies sought for. The police authorities are well acquainted regarding the nature of the dispute prevailing between the petitioner and the private respondents. Having considered the same, I direct that the police authorities would keep a vigil and take steps and when there is violation of any law and order. With the aforesaid observations, WPA 17010 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.)