Fazlur Rahaman Molla v. State Of West Bengal And ORS.

13.11.2025 Ct. No.26 b.das WPA 24189 of 2025 Fazlur Rahaman Molla Vs.

The State of W. B. & Ors.

Mr. Jayanta Narayan Chatterjee Mr. Balaram Sardar Mr. Emon Bhattacharjee ...for the petitioner.

Mr. Dipanjan Datta Mr. Sajal Kr. Pandit ...for the State.

Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner and the private respondents are co sharers in respect of the property in question and in a suit filed between them, the learned Trial Court has directed both the parties to maintain status quo in respect of the property.

The petitioner alleges that despite such order, the private respondents are raising construction in the property.

Learned counsel for the State submits that on enquiry it was found that there was long standing dispute between the petitioner and the private respondents in respect of their undivided paternal property and there is a single storied house under construction in the said

property. However, the police authority did not find any ongoing construction work at the time of their vigil. Be that as it may, since the petitioner is enjoying an order of status quo granted by the learned Trial Court the petitioner is at liberty to approach the learned Court for redressal of his grievance. In the meantime, the police shall ensure maintenance of peace and tranquility in the area and also see that no untoward incident takes place. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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.)