Din Mahammad Sardar And ORS. v. State Of West Bengal And ORS.

07.11.2024 W.P.A. 25150 of 2024 Item No.107 Ct. No.35 dc.

Din Mahammad Sardar & Ors.

versus The State of West Bengal & Ors.

Ms. Nandini Mitra, Mr. Samim Ahammed, Mr. Enamul Islam ... For the Petitioners.

Mr. Ansar Mandal, Mr. Tanweer J. Mandal ... For the State.

Affidavit-of-service and Supplementary affidavit filed on behalf of the petitioners be kept with the record.

A copy of the supplementary affidavit has already been handed over to the learned advocate appearing for the State.

Learned advocate appearing for the petitioner draws the attention of the Court to the order dated 16.01.2024 passed by learned Civil Judge (Sr. Divn.), Basirhat in T.S. No. 27 of 2024. The order so passed, inter alia, reflects as follows :- "O.C., Swarupnagar P.S.

is directed to implement the injunction order dated 11.01.2024 so that status quo is maintained in the suit property in terms of the order dated 11.01.2024." In view of the order passed by the learned Civil Judge (Sr. Divn.), Basirhat in T.S. No. 27 of 2024, I direct the police authorities that as a matter of public policy, the order of the civil court should be obeyed and respected. The police authorities would ensure that the order of the civil court is

implemented. Further direction is passed upon the police authorities that in case there is any violation of the order of the learned Civil Judge (Sr. Divn.), Basirhat, the police authorities would draw up appropriate proceedings against either parties. There should be a strict vigil and there should not be any breach of the peace or tranquility and/or any untoward incident at the behest of any of the parties.

With the aforesaid observations, the writ petition being WPA 25150 of 2024 is disposed of. There shall be no order as to costs.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)