Calcutta High CourtWPA/24745/2022disposed

Ashok Majhi v. State Of West Bengal And ORS.

2023-02-13Hon'Ble Justice Rajasekhar Mantha2 pages

13-02-2023 ct no. 13 Sl.5 sp WPA 24745 of 2022 Ashok Majhi -VersusThe State of West Bengal & Ors.

Mr. Sounak Bhattacharya, Mr. C.N. Sarkar, Mr. Sounak Mondal ... the petitioner (in person) Mr. Balai Lal Sahoo, Mr. Sankha Prasad Roy, Mr. C. Chakraborty ...for the respondent nos. 4 to 5 The petitioner is aggrieved that the Basanti Police Station, South 24 Parganas has not taken steps to enforce the order dated September 12, 2022 passed by the learned Civil Judge (Sr. Division), 2nd Court at Baruipur in T.S. No. 118 of 2022.

It appears that by an order dated March 10, 2022, injunction and/or status quo order was passed by the Civil Judge between the parties.

The Basanti Police Station, Baruipur Police District has filed a report dated 13.02.2023, which is kept with the record.

It appears from the report that the police has registered FIRs being Basanti PS Case No. 338/21 dated 02.06.2021, Basanti PS Case No. 337/21 dated 02.06.2021 and Basanti PS Case No. 864/22 dated 19.11.2022 against the private respondents on the rival complaints of the parties against one another.

It is ordered that the investigation into the said FIRs be completed as expeditiously as possible. This Court also directs the Officer-in-Charge, Basanti Police Station to strictly enforce the order of status quo and/or injunction dated March 10, 2022 passed by the learned Civil Judge (Sr. Division), 2nd Court at Baruipur. The Police shall submit a report in the Court below within a period of one week indicating the exact status of the suit peoperty. The Basanti Police shall also ensure that there is absolutely no breach of peace in the area and that the parties do not disturb each other's activity and business. If any party has any grievances against the other, he may approach the Civil Court for taking steps in accordance with law.

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

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)