Munnaf Molla And ANR. v. State Of West Bengal And ORS.

23.09.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20730 of 2024 Munnaf Molla & Anr.

Vs.

State of West Bengal & Ors.

Mr. Sudip Sarkar ...for the petitioners Ms. Jayeeta Sinha, Mr. Sandip Mondal ...for the State Mr. Animesh Paul, Ms. Susmita Ghorai ...for the private respondents Affidavit of service filed today is taken on record.

The petitioners have approached this Court praying for an order directing the police authorities to implement the order of injunction passed by the learned Civil Judge (Senior Division), Basirhat, Distirt-North 24 Parganas in Tile Suit No. 306 of 2024. Upon going through the said order, it appears that the order is an ad interim order restraining the defendant/private respondent no.

from disturbing, dispossessing the peaceful possession of the plaintiff over the suit property and from changing the nature and character of the suit property till July 25, 2024. It further appears from the record that the learned Civil Judge by an order

dated July 15, 2024 passed an order directing the Inspector-in-Charge of the Basirhat Police Station to implement the injunction order passed on May 02, 2024.

Without making any comment as to whether an ad interim order of status quo without defining the status quo which is to be maintained can be implemented through police help, since the learned Civil Judge has already directed the police authorities to implement such order of injunction, this Court is not inclined to pass a similar direction upon the police authorities.

In view thereof, the writ petition stands disposed of. The petitioners will be at liberty to approach the civil court for appropriate reliefs in accordance with law.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Hiranmay Bhattacharyya, J.)