Md Nabab Ali And Orthers v. State Of West Bengal And ORS.

07.02.2023.

Court No.13 Item No. 343 ap W.P.A. No. 21466 of 2021 Md. Nabab Ali & Ors.

Versus

The State of West Bengal & Ors.

Mr. Arun Shaw, Mr. Subhadip Paramanik.

..For the petitioners.

Affidavit-of-service filed in Court today be taken on record.

The petitioners complain of alleged inaction on the part of Deganga Police Station.

The petitioners are enjoying an order of injunction in Pre-emption Misc. Case No. 29 of 2021 now pending before the learned Civil Judge (Junior Division) 1st Court at Barasat.

Admittedly, the private respondent no.6 is a cosharer along with the petitioners in respect of the property in question.

It is submitted that in violation of the order of injunction, the private respondents are encroaching upon their properties. It is further submitted that T.S. No. 153 of 2021 is also a suit for partition pending before the learned Civil Judge (Junior Division) 1st Court at Barasat. On the petitioners' complaint, G.D. Entries have been made.

On the complaint of the private respondents and on the directions of the learned Magistrate, Deganga

Police Station have registered FIR being No. 135 of 2022 dated 28.02.2022.

The petitioners may seek enforcement of the order of status quo before the Civil Court in the preemption case. The Inspector-in-charge, Deganga Police Station shall ensure that there is absolutely no breach of peace in the area.

The report of the Inspector-in-charge, Deganga Police Station dated 5th February, 2023 in the form of instructions addressed to the Government Pleader, High Court, Calcutta be taken on record.

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

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)