Kachem Gazi v. State Of West Bengal And ORS.

December 5, 2025

(10) ARDR WPA 24049 of 2025 Kachem Gazi Vs.

The State of West Bengal & ors.

Adv. Raja Biswas, Adv. Abhijit Sarkar, ... for the petitioner.

Adv. Lutful Haque, Adv. Taharima Khatun, ...for the respondent nos.

4 to 6, 9, 10 and 14.

Adv. Malay Krishna De, Adv. Aviroop Bhattacharya, ...for the State.

Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. It appears that by an order passed on 24th June, 2024 in Title Suit no. 432 of 2023 the learned trial Court directed both the parties to maintain status quo in respect of nature, character and possession of the property in question till disposal of the suit. Learned counsel for the petitioner submits that the private respondents are disturbing the peaceful possession of the petitioner in the property despite such order. On the contrary, the private respondents claim to be in possession of the property all throughout.

Learned counsel for the State submits that police is keeping strict vigil over the area and is maintaining law and order therein.

Since the petitioner alleges violation of the order of temporary injunction granted by the learned trial Court, he

is at liberty to take necessary steps before the learned trial Court for redressal of his grievance.

In the meantime, the police authority shall continue to keep strict vigil in order to ensure that peace and tranquility is maintained and the order of temporary injunction granted by the learned trial Court is not violated.

With the aforesaid directions, the writ petition is disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)