Calcutta High CourtWPA/19836/2024disposed

Gambhir Sing Kumar And ORS. v. State Of West Bengal And ORS.

2024-09-25Hon'Ble Justice Tirthankar Ghosh2 pages

25.09.2024 W.P.A. 19836 of 2024 Item No.142 Ct. No.35 dc.

Gambhir Sing Kumar & Ors.

versus The State of West Bengal & Ors.

Mr. Soumik Ganguly, Mr. Dilip Kumar Sadhu ... For the Petitioners.

Mr. Dipanjan Datta, Mrs. Sukanya Datta ... For the State.

Mr. Ivan Roy, Mr. Debangshu Bandhu, Mr. Nirupam Dutta ... For the Respondent Nos. 4 to 8.

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. The petitioners are aggrieved by the fact that in spite of the civil court's order passed by the learned Civil Judge (Junior Division), Purulia in Title Suit No. 267 of 2024 in respect of a status quo direction, the private respondents, without respecting the same, are violating the said order. The police authorities are also not rendering appropriate assistance to the petitioners.

The report of the police authorities reflects that a proceeding under Section 107 of the Code of Criminal Procedure has been drawn and the same has been placed before the learned Executive Magistrate. Be that as it may, the Officer-in-Charge, Arsha Police Station is directed to see that the order of the civil court is respected and honoured.

However, such an order will not create any right, title and interest to any of the parties.

The Officer-in-Charge, Arsha Police Station would also ensure that a strict vigil be kept on the subject of the property in dispute and no breach of peace or tranquillity takes place in the locality. With the aforesaid observations, the writ petition being WPA 19836 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.)