Sk. Asgar Ali v. The State Of West Bengal And ORS.

D/L.69.

October 7, 2024.

MNS.

WPA No. 22087 of 2024 Sk. Asgar Ali Vs.

The State of West Bengal and others Md. Alauddin Mandal, Ms. Afrin Nahar Mandal ... for the petitioner.

Ms. Sonal Sinha, Mr. Amnritlal Chatterjee ...for the State.

Affidavit-of-service filed by the petitioner is taken on record. The learned Advocate appearing for the petitioner submits that the private respondent has been duly served.

Despite service, none appears for the private respondent.

The petitioner alleges that the police authorities have not taken any steps to implement the order of injunction passed by the learned Civil Judge (Junior Division), 2nd Court at Chinsurah, District- Hooghly, in Title Suit No. 376 of 2023. The learned Advocate appearing for the State files a report of the Officer-in-Charge of Pandua Police Station dated September 11, 2024, which is taken on record.

The record reveals that the learned Civil Judge by an order dated June 23, 2023 restrained the defendant no. 1/private respondent

no. 4 herein from disturbing the peaceful possession and enjoyment of the plaintiff/petitioner herein over the 'A', 'B' and 'C' schedule mentioned suit properties and was further restrained from changing the nature and character of the same in any manner whatsoever till July 24, 2023.

The learned Advocate appearing for the petitioner submits that the said ad interim order of injunction was extended from time to time and the same is still in force.

It further appears that the learned Civil Judge by Order No. 16 dated June 7, 2024 directed the Officer-in-Charge, Pandua Police Station to take necessary steps in terms of the Order No. 2 dated June 23, 2023.

Since the learned civil court has already directed the Officer-in-Charge, Pandua Police Station to implement its order dated June 23, 2023, the Officer-in-Charge is directed to take steps in terms of the order No. 16 dated June 7, 2024 passed by the learned Civil Judge (Junior Division, 2nd Court at Chinsurah, DistrictHooghly, in Title Suit No. 376 of 2023 and to file a compliance report before the learned Civil Judge. With the above observations and directions, the writ petition stands disposed of. There will be no order as to costs.

Photostat certified copy, if applied for, be given to the parties.

(Hiranmay Bhattacharyya, J.)