Sanatan Paria And ANR v. State Of West Bengal And ORS.

03.01.2023.

Court No.13 Item No. 58 ap W.P.A. No. 23619 of 2022 Sanatan Paria & Anr.

Versus

The State of West Bengal & Ors.

Mr. Siddhartha Banerjee, Mr. Krishna Deo Das, Mr. Balaram Pandit, Mr. Soumajit Majumder.

...For the petitioners.

Mr. Subhabrata Datta, Mr. Debasish Sarkar.

...For the State.

Mr. G. Sahjahan.

...For the private respondents.

Supplementary affidavit and affidavit-of-service filed in Court today are taken on record.

The petitioners seek enforcement of an order dated 21st November, 2022 passed by the learned Court of the Civil Judge (Junior Division) 1st Additional Court, Contai, Purba Medinipur in Title Suit No. 146 of 2022.

By the said order, the private respondents have been injuncted from, in any way, disturbing the peaceful possession of the plaintiffs in respect of the Schedule property.

Counsel for the private respondents submits that his clients are not in any way interested in violating the order or disturb the possession of the petitioners.

It is further submitted that the agricultural plots of the petitioners has pathways on the borders carved

out to access the other agricultural plots in the vicinity which is being used by one and all.

In those circumstances and in view of the submissions of the private respondents, Patashpur Police Station, Purba Medinipur shall ensure that the order of the Civil Court is not disturbed in any way. The pathways on the boundaries of the land of the petitioners may, however, be used by the private respondents. Any further intrusion into the petitioners' land shall, if necessary, be agitated before the Civil Court by the parties.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)