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Calcutta High CourtWPA/24334/2024disposed

Prakash Chandra Das v. The State Of West Bengal And ORS.

2024-11-28Hon'Ble Justice Tirthankar Ghosh4 pages

Sl.No.

28.11.2024 WPA 24334 of 2024 Court No. 35 G.S.Das Prakash Chandra Das -VsThe State of West Bengal & Ors.

Mr. Prasanta Kumar Pakrashi ... for the petitioner Mr. Rajarshi Basu Mr. S. T. Mina ... for the State-respondent(s) The petitioner has approached the learned Civil Court and by an order dated 09.08.2024 the learned Civil Judge (Jr.

Divn.), 1st Court, Chandannagar, Hooghly was pleased to pass a direction of status quo in regard to nature, character and possession of the scheduled property.

The petitioner complains that a padlock has been affixed at his shop room at the behest of the private respondents. As the respondents did not participate before the High Court, a

direction was passed upon the State to effect service upon them.

Learned advocate appearing for the petitioner has submitted a report, which reflects that service has been effected upon the respondent nos. 6, 7 and 8. So far as the respondent nos. 4 and 5 are concerned, they have left the address many years ago, as is reflected from the report.

As there is already an order existing by the learned Civil Judge (Jr.

Divn.), 1st Court, Chandannagar, Hooghly, I direct that the petitioner will take out an appropriate application under the relevant provisions of law for police assistance and/or police protection before the learned Civil Judge concerned, who would exercise his discretion by way of passing order(s) for the purpose of implementing the earlier order passed in T.S. 272 of 2024 on

09.08.2024.

In case, the learned Civil Judge (Jr.

Divn.), 1st Court, Chandannagar, Hooghly passes an order, the Inspector-incharge of Bhadreswar P.S. is directed to respect and obey the order of the learned Civil Judge (Jr.

Divn.), 1st Court, Chandannagar, Hooghly, until and unless the same is varied and/or modified and/or set aside by any higher court of law.

With the aforesaid observations, WPA 24334 of 2024 is disposed of.

Report so submitted be kept with the record.

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

(Tirthankar Ghosh, J.)