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Calcutta High CourtWPA/19426/2024disposed

Md. Ashfaque Alias Bablu v. State Of West Bengal And ORS.

2024-09-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.09.2024 W.P.A. 19426 of 2024 Item No.101 Ct. No.35 dc.

Md. Ashfaque alias Bablu & Anr.

versus The State of West Bengal & Ors.

Mr. Tanmoy Sett, Mr. Sagnik Bhattacharya, Ms. Trishna Sarkar ... For the Petitioners.

Mr. Ansar Mandal, Mr. Tanweer J. Mandal ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioners.

Learned advocate for the State has submitted that the interim injunction is restricted to peaceful possession of the petitioners and the same has been ensured by the police authorities and report has also been sent to the jurisdictional civil court in respect of compliance of the duty by the police authorities.

The petitioners now claim before this Court that they may be granted free egress and ingress. The same is not the subject-matter of the injunction which has been granted by the learned Civil Judge (Senior Division), 5th Court, Alipore. The petitioners would be at liberty to approach the appropriate civil court in respect of

the fresh remedy so prayed for. However, the Officer-in-Charge, Ekbalpore Police Station is directed that a strict vigil be maintained so that there is no breach of the peace at the locality at the instance of either the present petitioners or the private respondent nos. 5 to 9.

With the aforesaid observations, the writ petition being WPA 19426 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

There shall be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)