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Calcutta High CourtWPA/18120/2025disposed

Julfikar Sardar v. State Of West Bengal And ORS.

2025-08-18Hon'Ble Justice Tirthankar Ghosh4 pages

WPA 18120 of 2025 Sl.No.

18.08.2025 Court No. 35 G.S.Das Julfikar Sardar -VsThe State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee Mr. Badrul Karim Mr. Aritra Ghosh ... for the Petitioner(s) Mr. Nilotpal Chatterjee Mr. Amrita Lal Chatterjee ... for the State - Respondent(s) Mr. Angshuman Chakraborty Mr. S. S. Saha ... for the private respondent(s) Re The petitioner is aggrieved by the fact that inspite of the directions passed by the learned Civil Judge (Sr. Divn.), 2nd Court, Baruipur in TS 92 of 2020, no steps have been taken by the police authorities.

According to the learned advocate for the petitioner, there were specific directions upon the Inspector-in-charge of Kultali Police Station, but, inspite of the same, the private respondents have been violating the order passed by the learned

civil court.

Learned advocate for the State has submitted a report which reflects that the police authorities have already drawn up a proceeding under Section 126 of the BNSS.

Having regard to the nature of the prayers which have been advanced in the present writ petition, I am of the view that since the learned civil court is already in seisin of the issue, if there are any breach of the order of the learned civil court, the petitioner would approach the civil court itself for remedies available for violation of the order of the learned civil court.

Since the police authorities have drawn up a proceeding under Section 126 of the BNSS, they are well aware regarding the dispute between the petitioner and the private respondents, as such, they would only interfere if there is

violation of any law and order and/or if there is any direction from the learned civil court as the learned Civil Court is in seisin of TS 92 of 2020.

With the aforesaid observations, WPA 18120 of 2025 is disposed of.

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

Report so submitted be kept with the record. Copies of the report be handed over to both the parties.

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.)