Roopchand Shekh @ Rup Chand Sekh v. State Of West Bengal And ORS.

12.11.2024 W.P.A. 26292 of 2024 Item No.23 Ct. No.35 dc.

Roopchand Shekh @ Rup Chand Sekh versus The State of West Bengal & Ors.

Mr. Shamit Sanyal, Ms. Priyakshi Banerjee ... For the Petitioner.

Mr. Susanta Pal, Mr. Bhakti Prasad Das ... For the State.

The petitioner has already approached the civil court and obtained a permanent injunction from the court of the learned Civil Judge (Junior Division), 2nd Court, Krishnagar, Nadia. It has been submitted that in spite of the injunction order, the petitioner is harassed and the private respondents are making construction and/or violating the order of the learned Civil Judge.

Learned advocate appearing for the State submits that no information regarding any violation of law and order has been complained to the police authorities and the last of the complaint referred to is of the year January, 2016.

In view of the passage of time which has passed and the petitioner having not complained, I direct that the petitioner would be at liberty to approach the civil court for execution of its decree. If necessary orders are passed, the police authorities would respect and obey the same and ensure implementation of the said direction of the learned civil court. In the meantime, the police

authorities would keep a strict vigil and ensure that no untoward incident happens in respect of the property at the behest of both the parties.

With the aforesaid observations, the writ petition being WPA 26292 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.)