Arindam Bhowmick And ANR. v. State Of West Bengal And ORS.

10.03.2025 WPA 17711 of 2023 Sl.No.

Court No. 35 Arindam Bhowmick & Anr.

-VsThe State of West Bengal & Ors.

G.S.Das Mr. Prantick Ghosh Mr. Prasad Bhattacharyya ... for the Petitioner(s) Mr. Somnath Ganguly, ld. AGP Ms. Priyamvada Singh ... for the State-respondent(s) Mr. Avishek Guha Ms. Shilpa Das ... for the Respondent(s) Report submitted by the State reflect that the earlier order dated 02.08.2023 has been complied with.

The grievance of the petitioner is that in spite of the status quo order passed in connection with Title Suit No.

963 of 2018 being altered by the appellate court directing the learned Civil Judge (Sr. Divn.), 1st Court, Barasat to rehear the application for temporary injunction and dispose of the same after giving opportunity to both the sides following the procedural law, the police

authorities till date are not considering the representation of the petitioner as the earlier order in WPA 2815 of 2022 dated 30.06.2022 passed by a Co-ordinate Bench is still existing.

The order of the Co-ordinate Bench was passed on a date when the order of status quo passed by the learned Civil Judge (Sr. Divn.), 1st Court, Barasat was existing.

As there has been alteration of the order passed by the appellate forum of the said civil court in Misc. Appeal No.

24 of 2022, it would be for the petitioner before this Court to make appropriate application before the learned Civil Court for necessary restoration and/or for direction upon the police authorities for implementing such order.

In case, the civil court directs the police authorities to render necessary police assistance for implementing its

order, the police authorities would respect, obey and implement the order of the learned Civil Court.

With the aforesaid observations, WPA 17711 of 2023 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

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.)