Jalaluddin Sk v. State Of West Bengal And ORS.

S/L 111 08.02.2024 Court No.14 SD WPA 26167 of 2023 Jalaluddin Sk Vs.

The State of West Bengal & Ors.

Mr. Anindya Bose Mr. Nikhil Gupta Mr. Mridul Biswas ... for the Petitioner.

Mr. Biswabrata Basu Mallick Mr. Biman Halder ... for the State.

Mr. Dhananjay Banerjee Mr. Jisan Iqbal Hossain Ms. Sangeeta Singh ... for the Private Respondents.

Affidavit of service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. In violation of the status quo order granted by a civil court, private respondents are continuing cultivation in the land where the petitioner is a co-sharer. The police was intimated, but no step was taken. Learned counsel appearing on behalf of the private respondents denies the allegations made in the writ petition and submits that his clients are also co-sharer in the property and no order of status quo is being violated by any cultivation of such land.

Learned counsel appearing on behalf of the State relies on the report and submits as follows. A civil dispute

exists between the private parties. However, police are keeping a close watch on the developments in the locality. It appears that a civil suit is pending between the private parties and an order of status quo was granted. However, there is no restraining order passed on any of the parties.

If any of the private parties wants to establish any further right in respect of the said property, the same has to be done before a civil court.

Therefore, no further order need be passed in this regard.

However, the police authorities shall keep a sharp vigil at the locale, ensure that no breach of peace takes place and see to it that no order of a civil court is violated. With these observations, WPA 26167 of 2023 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)