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Calcutta High CourtWPA/26579/2024disposed

Supriyo Das And ANR. v. The State Of West Bengal And ORS.

2025-02-07Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 17 07.02.2025 Kausik ct.no.35 W.P.A. 26579 of 2024 Supriyo Das & Anr.

Versus

The State of West Bengal & Ors.

Mr. Shibaji Kumar Das ...for the petitioner.

Mr. Suman Sengupta, Sr. Govt. Adv.

Mr. Sanatan Panja ...for the state.

Petitioner is aggrieved by the fact that in spite of civil court passing an order restraining the defendants from disturbing the peaceful enjoyment of the suit property, the private respondents are adamant in carrying out their illegal activities and to that effect, in spite of informing the police station, no steps have been taken.

Mr. Sengupta, learned senior government advocate appearing on behalf of the State submits a report which reflects that in cases of information furnished by the petitioner, steps have been taken promptly. Police authorities have registered case being Dum Dum PS Case No. 237/2024 dated 01.07.2024 and another case being Airport PS Case No. 137/2024 dated 22.07.2024 was registered for

investigation under section 387/506/34 of the Indian Penal Code.

Having considered that the police authorities have taken steps in respect of the accusations made against the private respondents, so far as the part of the police authorities are concerned, I am of the view that they have acted in accordance with law.

However, the prayer of the petitioner is for construction of the boundary wall. So far as construction of the boundary wall is concerned, since the civil court is already in seisin of the matter, if any direction is passed by the civil court, the police authorities would render appropriate assistance and implement the order in accordance with law.

Since the petitioner and the private respondents are at loggerhead, police authorities would continue keeping a strict surveillance so that no breach of the peace or tranquility or any other untoward incident results because of such inimical relationship existing between the parties.

Police authorities would also ensure that the cases which have been registered would be taken to its logical conclusion within a reasonable period of time.

With the aforesaid observations WPA 26579 of 2024 is disposed of.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)