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Calcutta High CourtWPA/19829/2022disposed

Tumpa Khatun v. State Of West Bengal And ORS.

2022-11-11Hon'Ble Justice Rajasekhar Mantha2 pages

11-11-2022 ct no. 13 Sl.17 sp WPA 19829 of 2022 Tumpa Khatun -VersusThe State of West Bengal & Ors.

Mr. Sujit Saha ....for the petitioner Mr. Mihir Kumar Das, Mr. Swadhin Pan ...for the respondent nos.4 to 7 Mr. Amit Ranjan Pati, Mr. Ashok Halder ...for the respondent nos. 8 to 10 The petitioner is aggrieved that an order dated August 24, 2021 passed in T.S. No. 361 of 2021 by the learned Civil Judge (Jr. Division), 2nd Court, Baruipur, South 24 Parganas, directing the Narendrapur Police Station to render police help to implement the interim order dated August 9, 2021, directing the plaintiffs and the defendants to maintain status quo in respect of the nature and character and possession of the suit property, is not being complied with.

There is dispute between the petitioner and the private respondents as to whether the property in question belongs to the private respondents. This is the subject matter of the suit. The issue has to be finally decided in the suit. However, the

interim order has to be implemented by the parties and enforced by the Narendrapur Police Station until the same subsists.

The Officer-in-Charge, Narenderapur Police Station, shall maintain strict vigil over the said premises and ensure that the said order of the learned Civil Judge (Jr. Division), 2nd Court, Baruipur, South 24 Parganas dated August 9, 2021 and the order dated August 24, 2021 is strictly complied with by all the parties. The hearing of the suit is expedited.

It is ordered that the said T.S. No. 361 of 2021 is disposed of by the Court below mandatorily and positively, within a period of six months from date.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)