Basudev Bera v. The State Of West Bengal And ORS.
06.03.2025 WPA 18193 of 2024 Sl.No.
Court No. 35 Basudev Bera -VsThe State of West Bengal & Ors.
G.S.Das Mr. Debasis Sur Mr. Mrinmoy Chatterjee ... for the Petitioner(s) Mr. Asish Kumar Guha Mr. Jayak Kumar Gupta ... for the State-respondent(s) The petitioner is aggrieved by the fact that in spite of the direction of the learned Civil Judge (Jr. Divn.), 2nd Court, Uluberia upon the respondents to maintain status quo with respect to nature, character and possession of the suit property, the private respondents have been flouting the said order thereby blocking the egress and ingress of the petitioner.
The petitioner to that effect informed the local police station, but, no steps have been taken till date.
Learned advocate for the State
has submitted a report which reflects that pursuant to the information received, the police authorities drew up a proceeding under Section 107 of the Cr.P.C. against the private respondent(s) and have been keeping strict vigil.
Additionally, it has been submitted by the learned advocate for the State that since there was no specific direction upon the police authorities, the police authorities restricted themselves for maintaining law and order as also peaceful possession.
The learned advocate for the petitioner has drawn the attention of the court to a document which reflects that the petitioner was subjected to physical assault on or about 3rd June, 2024.
Since the petitioner was subjected to physical assault pursuant to the order of injunction, I direct that the police authorities would ensure that no further untoward incident results because of the
inimical relationship existing between the petitioner and the private respondent(s).
It is further directed that in case any specific application is taken out before the learned Civil Court already in seisin of the matter for rendering police assistance and the learned civil court is satisfied that the situation so demands for rendering police assistance, the police authorities would respect, obey and implement the order of the learned Civil Court.
With the aforesaid observations, WPA 18193 of 2024 is disposed of.
Pending application(s), if any, is also disposed of.
Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner.
Parties to act on a server copy of this order duly collected from the official website of the
Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)