Calcutta High CourtWPA/18422/2021disposed

Shibaprasad Ghosh v. The State Of West Bengal And ORS.

2022-04-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.04.2022 Court No.13 Item No.42 sp WPA 18422 of 2021 Shibaprasad Ghosh Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Sankar Dalapati, Mr. Alauddin Mondal, Mr. Subrata Sakar, Mr. A.N. Mondal ... For the petitioner.

The petitioner is aggrieved that the Gurap Police Station is not complying with the order of this Court dated January 14, 2010 passed in WPA 14273 of 2009. It is submitted that several civil suits have been filed by the petitioner to protect his properties and injunction has been obtained against the private respondents. It is also submitted that the Gurap Police Station is not taking steps despite injunction. This Court is of the view that the remedy of the petitioner is to seek enforcement of the order of injunction before the Civil Court itself, inter alia, under Order 39, Rule 2(a) of the Code of Civil Procedure, 1908. The Gurap Police Station shall comply with any specific direction that may be passed by the Civil Court. 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.)