Dilip Malick And ORS. v. State Of West Bengal And ORS.

D/L 123 01.10.2024 Kausik ct.no.35 W.P.A. 20264 of 2024 Dilip Mallick and Ors.

Versus

State of West Bengal and Ors.

Mr. D. Banerjee Mr. Sk. Md. Giasuddin Mr. Vishal Mallick ...for the petitioner.

Mr. Pantu Deb Roy, AGP Mr. Pannalal Bandyopadhyay ...for the state.

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

Report so submitted on behalf of the State be also kept with the record.

Learned advocate appearing for the petitioner has drawn the attention of the court to the order dated 22.12.2022 passed in Title Suit No. 1755 of 2022 wherein the learned Civil Judge, Junior Division, First Court, Howrah was pleased to direct that the peaceful possession of the present petitioner should not be disturbed by the private respondents.

Be that as it may the dispute is civil in nature and there was a further direction on 19.05.2023 by the same civil court upon the Officerin-Charge, Panchla Police Station. Having considered the submissions so advanced by the petitioner as well as the State I direct that without due process of law no disturbance relating to possession of the petitioner be created. Police authorities would respect and honour the order of the civil court which is a matter of public policy and there should not be any breach of peach and tranquility at the locale related to the subject property referred to in the writ petition.

With the aforesaid observations WPA 20264 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.)