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Calcutta High CourtWPA/23611/2024disposed

Rinku Mahish v. State Of West Bengal And ORS.

2024-11-04Hon'Ble Justice Tirthankar Ghosh3 pages

Sl.No.

04.11.2024 WPA 23611 of 2024 Court No. 35 G.S.Das Rinku Mahish -VsThe State of West Bengal & Ors.

Mr. Aditya Bikram Mahata Mr. Aritra Palit ... for the petitioner Mr. Animesh Paul Ms. Susmita Ghorai ... for the private respondent Affidavit of service so filed be kept with the record.

The petitioner has drawn the attention of the court to the order dated 09.07.2024 passed by the learned Civil Judge (Junior Division), 1st Court, Basirhat, North 24 Parganas, wherein, the learned Civil Court was pleased to pass the following order:

"Plaintiffs and principal defendants no.

and are directed to maintain status quo with respect to the nature, character and possession of the suit property as it stands today till the next date".

If the said order is still continuing and the petitioner prefers an application for seeking police assistance, the learned Civil court will apply its discretion as to whether its order has been violated by the respondents and, accordingly, exercise its order in accordance with law.

The police authorities are also directed to obey and respect the order passed by the learned Civil Court and see to that no breach of peace and tranquility takes place at the locale.

With the aforesaid observations, WPA 23611 of 2024 is disposed of.

Learned advocate for the respondents submits that since no affidavits have been exchanged, the allegations which have been made in the writ petition are deemed to be denied and disputed.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)