Madhab Nayban @ Madhab Nyayban v. State Of West Bengal And ORS.

D/L 118 01.10.2024 Kausik ct.no.35 W.P.A. 20245 of 2024 Madhab Nayban @ Madhab Nyayban

Versus

State of West Bengal and Ors.

Mr. Sk. Samiul Haque Ms. Neha Rizri ...for the petitioner.

Mr. Dipanjan Datta, Sr. Govt. Adv Mr. Sayan Datta ...for the state.

Affidavit of service so filed by the petitioner be kept with the record.

Report so submitted by the learned advocate appearing for the state be also kept with the record. Attention of the court is drawn to the orders passed in Title Suit No. 257 of 2023. By an order dated 06.12.2023 the learned Senior Civil Judge, Junior Division, First Court, Diamond Harbour directed the Inspector-in-Charge of Raidighi Police Station to file a report whether the injunction order has been violated or not.

As the civil court is in seisin of the matter, I am of the opinion that it would be in the interest of

justice that if the report has already not been filed before the civil court, immediate steps be taken to comply and respect the civil court's order which as a matter of public policy should not be violated by the police authorities until and unless such order of the civil court is varied, altered or modified by higher forum.

It is further directed that the police authorities would keep a strict vigil and there should not be any breach of peach or tranquility in respect of the subject matter in dispute referred to in the writ petition.

With the aforesaid observations WPA 20245 of 2024 is disposed of. Pending applications if any are consequently disposed of.

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

(Tirthankar Ghosh, J.)