Bipad Bhanjan Swar And ORS. v. State Of West Bengal And ORS.

15.06.2023.

Court No.13 Item No. 259 ap W.P.A. No. 25879 of 2022 Bipad Bhanjan Swar & Ors.

Versus

The State of West Bengal & Ors.

Mr. Jaharlal Roy, Ms. Kavita Rani.

...For the petitioners.

Mr. Amitesh Banerjee, ld. Sr. St. Counsel, Mr. Tarak Karan.

...For the State.

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

2. The petitioners complain that notwithstanding decree passed by the Civil Court dated 7th January, 2022 passed in Title Suit No. 96 of 2017 by the learned Civil Judge (Junior Division) 2nd Court, Baruipur, South 24 Parganas, the private respondents are disturbing peaceful possession of the property.

3. This Court is of the view that the petitioners may seek execution of the said decree before the Civil Court and obtain directions on the police.

4. Basanti Police Station shall, however, ensure that there is absolutely no breach of peace in the area and strictly comply with any order that may be passed by the Civil Court.

5. With the aforesaid directions, the instant writ petition shall stand disposed of.

6. There will be no order as to costs.

7. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)