Sk. Besarat Ali v. State Of West Bengal And ORS.

Sl.57 27.09.2024 S. Gayen ct.no.7 W.P.A. 22227 of 2024 Sk. Besarat Ali

Versus

State of West Bengal and Ors.

Mr. Sk. Jahadar Alam Mr. Sk. Nezamuddin ...for the petitioner.

Mr. Vimal Kumar Shahi, Ld. AGP Mr. SM Samim Ullah ...for the State Respondents.

The petitioner alleges that the police authorities have not taken any steps to implement the order of injunction passed by the civil court. The learned advocate appearing for the petitioner submits that an application under Section 151 CPC for police help has been filed and the same is still pending before the civil court.

It is well settled that a party should not be allowed to pursue two parallal proceedings with regard to the self-same subject matter. Since the petitioner has approached the civil court by filing an application for police help, this writ petition is disposed of by giving liberty to the petitioner to pursue the application before the civil court.

With the above observations and directions the writ petition is disposed of.

However, there will be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Hiranmay Bhattacharyya, J.)