Subir Sardar v. State Of West Bengal And ORS.

25.04.2023.

Court No.13 Item No. 265 ap W.P.A. No. 21094 of 2022 Subir Sardar

Versus

The State of West Bengal & Ors.

Mr. Dilip Kumar Shyamal, Mr. Gourab Ghosh, Mr. Koushik Banerjee, Mr. Rahul Das.

...For the petitioner.

Mr. Pankaj Halder, Mr. Tapas Manna, Mr. Sanatan Panja.

...For the respondent nos.8 to 10.

1. Affidavit-of-service filed in Court today be kept with the record.

2. The petitioner complains that Canning Police Station has not enforced an order of status quo passed by the learned Civil Judge (Senior Division) 2nd Court South 24 Parganas at Baruipur dated 2nd April, 2019 in Title Suit No. 139 of 2019.

3. While Canning Police Station is not represented before this Court, the private respondents are.

4. Counsel for the private respondents submits that although they have a sanctioned plan in their favour, they have not effected construction, in deference to the order of the Civil Court.

5. Canning Police Station shall strictly enforce the aforesaid order of status quo passed by the Civil Court and a report shall be submitted by the Canning Police

Station to the Civil Court on the next date fixed in the Court below.

6. In the event the parties want variation or modification of the order, they may approach before the Court below with appropriate application.

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

8. There will be no order as to costs.

9. 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.)