Rahima Begam v. State Of West Bengal And ORS.

02.12.2022.

Item No. 11.

Court No.13 ap W.P.A. No. 25391 of 2022 Rahima Begam

Versus

The State of West Bengal & Ors.

Mr. Arunava Ganguly.

..For the petitioner.

Mr. Amal Kumar Sen, Mr. Jaladhi Das.

...For the State.

Mr. Suman Basu, Ms. Debanwita Pramanik.

..For the respondent nos.4 to 11.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that Singur Police Station, Hooghly Rural Police District has not implemented the order of injunction passed by the Civil Court dated 12th August, 2021. The order of injunction is ad interim in nature.

It is submitted by the Counsel for the petitioner that injunction is continuing even as on date. Singur Police Station has registered an FIR in respect of the earlier violation by the private respondents in Charge-sheet No. 195 of 2022 dated 18.07.2022 under Sections 448/323/325/354B/504/506/34 of the Indian Penal Code.

There is prima facie evidence before this Court that the private respondents have violated the order of injunction.

Be that as it may, Counsel for the private respondents submits that the petitioner and her clients are all members of the same family and are residing together in the same family and the private respondents also have their shares in the property in which they are harvesting their crops. He further submits that his clients have no objection to the petitioner's staying in the property and harvesting their crops.

In the above circumstances, the Officer-incharge, Singur Police Station shall depute a constable to maintain strict vigil over the premises and ensure that parties maintain peace, order and tranquillity and do not interfere with each other's possession and/or harvesting.

The charge-sheet shall be put to committal as expeditiously as possible.

In the event of any request from the writ petitioner, the Officer-in-charge, Singur Police Station shall render assistance to enter into her own house. With the aforesaid directions, the instant writ petition shall stand disposed of.

The instructions of the Officer-in-charge, Singur Police Station in the form of a report dated 25th

November, 2022 addressed to the Government Pleader, High Court, Calcutta be taken on record.

There will 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.)