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Calcutta High CourtWPA/22095/2022disposed

Rizia Bibi And ANR v. State Of West Bengal And ORS.

2023-03-16Hon'Ble Justice Rajasekhar Mantha2 pages

16.03.2023 Court No.13 Item No.14 AP WPA 22095 of 2022 Rizia Bibi and Anr.

Vs.

The State of West Bengal and Ors.

Mr. Robiul Islam Mr. Shamim Ul Bari Ms. Molly Saha Ms. Keya Sutradhar Mr. Sk. Jayed Hossain ... For the petitioners.

Mr. Amitesh Banerjee Mr. Suddhadev Adak ... For the State.

The petitioners claim that the private respondents are disturbing them and preventing from constructing a boundary wall on their premises. The private respondents have filed a civil suit and sought injunction, which has been refused.

A coordinate Bench was approached earlier by the writ petitioners in WPA 22786 of 2019. The said writ petition was disposed of on 16th September, 2020 directing the parties to approach the civil Court. The petitioners have not filed any proceedings.

In the above circumstances, this Court finds no inaction on the part of the Barasat Police Station. The petitioners may take recourse to the civil proceedings, as already directed.

Barasat Police shall, however, ensure that there is no breach of peace in the area and strictly comply with any order that may be passed by a civil Court on them.

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

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)