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Calcutta High CourtWPA/21619/2025disposed

Shila Karal Mondal And ANR. v. State Of West Bengal And ORS.

2025-11-07Hon'Ble Justice Suvra Ghosh3 pages

& jdt. 07.11.2025 jb.

WPA 21619 of 2025 (Shila Karal Mondal & Anr. vs. State of West Bengal & Ors.) with WPA 4243 of 2025 (Manisha Karal vs. State of West Bengal & Ors.) In re: WPA 21619 of 2025 Mr. Sabyasachi Chatterjee Badrul Karim Mr. Sarajit Roy Sayed Hossain .... For the Petitioners Md. Mokaram Hossain Ms. Mousumi Biswas .... For the State Mr. Avijit Sarkar .... For the Respondent nos. 8 and 9 The petitioners seek quashing of FIR lodged against them.

On prayer of the petitioners liberty is granted to approach the appropriate forum for redressal of their grievance.

In re: WPA 4243 of 2025 Mr. Sabyasachi Chatterjee Badrul Karim Mr. Sarajit Roy Sayed Hossain .... For the Petitioner Md. Mokaram Hossain Ms. Mousumi Biswas .... For the State Mr. Avijit Sarkar .... For the Respondent nos. 10-15 Despite an order of injunction being granted by the learned trial Court in favour of the petitioner on 14th August, 2024 in title suit no. 442/2024, the said order has not been implemented by the police though the learned trial

Court by an order passed on 19th August, 2024 directed the police authority to implement the said order. Learned counsel takes this Court to a writ petition being WPA 23672 of 2024 filed by the petitioner seeking implementation of the order of injunction by the learned trial Court. By an order passed on 4th October, 2024 a co-ordinate Bench of this Court directed the Officer in charge of Shyampur Police Station to implement the order of injunction dated 14th August, 2024 and also to act in terms of the order dated 19th August, 2024 passed in title suit no. 442/2024. Learned counsel submits that despite such orders the order of injunction has not been implemented by the police authority as yet.

Learned counsel for the State as well as the private respondents submits that the private respondents are in possession of the property in question.

Learned counsel for the State submits that the State is not in a position to implement the order of injunction since the private respondents are found to be in possession of the property.

Learned trial Court, by an order passed on 14th August, 2024, directed the defendants/respondents not to interfere with or enter into the a and b schedule properties of the suit. Whether the private respondents/defendants are in possession of the property shall be adjudicated by the learned trial Court in course of trial. Since the co-ordinate Bench of this Court has already directed implementation of the order dated 14th August, 2024 and grant of police assistance in terms of the order dated 19th August, 2024,

this Court directs implementation of the order passed by the co-ordinate Bench in its true letter and spirit. The petitioner lodged complaints before the concerned police station on 2nd February, 2025 and 5th February, 2025 containing several allegations against the private respondents. The grievance of the petitioner is that complaints have not been looked into by the police authority. Learned counsel for the State submits that specific case has been lodged pursuant to such complaints and investigation is in progress.

In view of the above, nothing further remains to be adjudicated in the writ petitions and both the writ petitions are disposed of accordingly.

There shall be no order as to costs.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)