Angus Jute Work ( Unit Of The Angus Co.Ltd.) v. The State Of West Bengal And ORS.

W.P.A. 19321 of 2025 Angus Jute Work (Unit of the Angus Co. Ltd.) VS The State of West Bengal & Ors.

Mr. Debabrata Roy ...for the Petitioner.

Mr. Lalit Mohan Manata, AGP, Mr. Rudranil De ...for the State.

Mr. Bani Israil Mr. Aranya Basu Mr. Sayed Md. Sayad ...for respondent no.4 Affidavit-of-service filed by the petitioner be kept 25.08.2025 Court No. 35 D/L. No.36 Rakib with the record.

Petitioner has approached this Court complaining that the police authorities are not adhering to the order passed in Title Execution no. 1/2016 by the learned Civil Judge (Junior Division), 1st Court, Chandernagore, Hooghly. Petitioner complains that such inaction on the part of the police authorities are continuing since in the year 2018 and the petitioner being the decree holder is suffering irreparable loss.

Learned advocate for the State has submitted a report. It is reflected from the report that the Security Officer namely one Amit Paul, representative of the decree holder Angus Jute Works came to the spot but refused to receive the delivery of the possession of the suit property from the Process Server. The representative also refused

to identify the decretal property in writing and take the possession thereof and also refused to hand over the Process Server with anything in writing. The whole issue was reported to the learned Court on 22.06.2022 vide letter bearing DR no. 5030 dated 22.06.2022. After 20.06.2022 no further order was directed by the learned Civil Court for execution.

Learned advocate appearing for the respondent no.4 submits that evidence is in progress in connection with Title Execution no. 1/2016.

I have also considered the order dated 22.06.2022 which is in consonance with the report submitted by the Inspector-in-Charge of Bhadreswar police station and reads as follows:

"Today is fixed for execution report.

Execution report along with copy of decree has been received after "not executed" as per report Nazir, Chandernagore. Let the execution report along with copy of decree be kept with the record.

A copy of letter D.R. No. 5030 dated 22.06.2022 is received from inspector-in-charge, Bhadeswar Police Station, CPC. Let the copy of letter be kept with the record.

Dhr. Files a petition by swearing an affidavit, copy served with objection. Let the petition be kept with the record.

To 23.11.2022 for hearing of the petition dated 22.06.2022 and W.O., if any."

Having regard to the fact that the Civil Court is still in seisin of the issue, there are no direction by the learned Civil Judge (Junior Division), 1st Court, Chandernagore, Hooghly in Title Execution no. 1/2026, I am of the view that no interference is called for by the Court at this stage.

Police authorities would abide by the order passed by the Civil Court, if any directions are passed in the execution case.

Accordingly, WPA 19321 of 2025 is disposed of. Report so submitted by the State be kept with the record.

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.)