Aswini Kumar Parui And ANR. v. State Of West Bengal And ORS.

20.08.2025 W.P.A. 25672 of 2024 Item No.202 Ct. No.35 dc.

Shree Aswini Kumar Parui & Anr.

versus The State of West Bengal & Ors.

Mr. Sekhar Mustaphi, Mr. Saptarshi Chakraborty ... For the Petitioners. Mr. Susovan Sengupta, Mr. Subir Pal ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioners.

Petitioners are aggrieved by the fact that in spite of informing the police authorities, no steps have been taken. The main claim of the petitioners is that they are unable to cultivate their own land due to resistance of the private respondents. It is also claimed that a civil suit is pending wherein directions have been passed upon the police authorities to ensure implementation of ad interim injunction.

State has submitted a report which reflects that T.S. No. 126 of 2024 is pending before the learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur.

Having considered that for breach of any order of the civil court, it would be the civil court

which would assess regarding the breach. I am of the view that the petitioners be well advised to approach the concerned civil court in seisin of the title suit.

So far as the other issues are concerned, police authorities will interfere only, if there is violation of law and order.

With the aforesaid observations, the writ petition being WPA 25672 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

There will 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.)