Sri Mukunda Karmakar @ Sagar Karmakar And ORS. v. State Of West Bengal And ORS.

13.10.2023 WPA 21744 of 2023 Mukunda Karmakar @ Sagar Karmakar & ors.

-vsState of West Bengal & ors.

Mr. Kamalesh Chandra Saha Ms. Payel Mitra ....for the petitioners Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State Ms. Sananda Bhattacharyya ...for the respondents Affidavit of service filed on behalf of the petitioners is ssi Ct 14 taken on record.

Report filed on behalf of the State is also taken on record.

A Vakalatnama filed on behalf of the private respondents is also taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the owners of the property in question. The private respondents who are the owners of the adjoining land are trying to grab the petitioners' property. To prevent this, the petitioners approached the Civil Court. By an order dated 18.03.2023 passed by the learned Civil Court, Junior Division, Kalyani, Nadia, both the parties were directed to maintain status quo over the property. In violation of this order, the private respondents are going to making some constructions over a

pathway of the said land.

Learned counsel appearing on behalf of the private respondents denies the allegations made in the writ petition. Learned counsel appearing on behalf of the State submits that police have already acted on the complaint made by the petitioners and initiated a proceeding under Section 107 of the Code.

It appears that the petitioners were granted an order of status quo on both the parties in respect of the said property.

If any further relief is sought by any of the parties, the same has to be before the learned Civil Court. It also appears that the police authorities have acted on the complaint of the petitioners and have initiated a proceeding under Section 107 of the Code.

Therefore, no further order need be passed in this case.

However, the police authorities shall keep a sharp vigil at the locale, ensure that no breach of peace takes place and see to it that no order of a Civil Court is violated. With these observations, the writ petition is disposed of.

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