Gopinath Das v. State Of West Bengal And ORS.

January 27, 2026

(12) ARDR WPA 24906 of 2025 Gopinath Das Vs.

The State of West Bengal & ors.

Adv. Asit Kumar Bhattacharya, ... for the petitioner.

Adv. Dipankar Das Gupta, ...for the State.

Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. Learned counsel for the petitioner submits that the petitioner filed a Title Suit against the private respondents wherein the learned trial Court granted an order of ad interim injunction directing both the parties to maintain status quo in respect of the nature, character and possession of the property in question. Since the private respondents continued to violate the said order, the petitioner filed an application before the learned trial Court seeking police assistance for implementation of the order. By an order passed on 29th July, 2025, the learned trial Court allowed the application and directed the police to intervene only when there existed any allegation of specific disturbance to the peaceful possession of the petitioner. No such complaint demonstrating specific allegation is found on record.

On prayer of the petitioner, liberty is granted to lodge specific complaint before the police authority in the event the order passed by the learned trial Court is violated by the private respondents in any manner. On receipt of such complaint, the police authority shall take necessary steps

in accordance with law. The police authority shall also ensure that the order passed by the learned trial Court is not violated by any of the parties in any manner whatsoever.

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 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.)