Baburam Halder v. State Of West Bengal And ORS.

29.8.2022 Sl.No.516 sn WPA 20761 of 2021 Baburam Halder Vs.

The State of West Bengal & Ors.

Mr. B.C. Biswas ..for the petitioner Despite service, none appears on behalf of any of the parties. Let the affidavit of service be taken on record.

The petitioner submits that by an ad-interim order of injunction dated September 9, 2022 passed by the learned Civil Judge, Junior Division, 3rd Court, Baruipur, the defendants in the suit were restrained from disturbing the peaceful possession of the plaintiff, over the suit property.

An information slip has been filed showing that the said order was extended from time to time and ultimately up to September 7, 2022.

Allegation is that the respondent nos. 5 to 11 have been disturbing the peaceful possession of the petitioner. Although, the appropriate remedy of the petitioner would be to approach the learned civil court with necessary prayers alleging violation of the order of ad-interim injunction, this Court is of the view that the police authorities must maintain peace and ensure that the order of ad-interim injunction is complied with by all parties, till the same subsists.

This order shall not be construed as an opinion of the Court with regard to the allegation of violation of the ad-interim order of injunction. The remedy of the petitioner is before the appropriate civil court.

This writ petition is disposed of.

There will be, however, no order as to costs. All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)