Nehal Ahmed v. State Of West Bengal And ORS.

Sl.No.

29.11.2024 WPA 28190 of 2024 Court No. 35 G.S.Das Nehal Ahmed -VsThe State of West Bengal & Ors.

Mr. Rittick Chowdhury Mr. Abhishek Ghosh Ms. Gopa Mainan ... for the petitioner(s) Ms. Sonal Sinha Ms. Tuli Sinha ... for the State-respondent Mr. Iqbal Hussain ... for the respondent nos. 5 to 8.

The petitioner is aggrieved by the fact that in T.S. 1758 of 2024, the learned Civil Judge (Jr. Divn.), 6th Court, Alipore, by its order dated 04.10.2024 was pleased to pass a status quo order in respect of nature, character and possession of the suit property.

Learned advocate further submits that the said order was communicated, in spite of that, the private respondents

continued to violate the order of injunction. Learned advocate for the State has submitted a report. The report reflects that the property, which has been referred to, is an undivided property and there was a repairing of tin shed in respect of a portion of the said property.

It has also been pointed out in the report that neither the police authorities nor the private opposite parties were informed about the initial order dated 4.10.2024 passed by the learned Civil Judge.

The petitioner would be at liberty to approach the learned Civil Court which is already in seisin of the matter for appropriate direction(s), if there has been any violation of the ad interim injunction order passed by the said court.

In case, specific directions are

passed upon the police authorities, the Officer-in-charge of Ekbalpore Police Station will take effective steps thereby respecting and obeying the order of the learned Civil Judge.

In the meantime, as there is inimical relationship existing between the petitioner and the private respondents, the concerned Officer-in-charge would keep a strict vigil and ensure that no breach of peace and tranquility take place.

The concerned police officer would also ensure that no untoward incident accrues because of the disputes and differences existing between the petitioner and the private respondents.

With the aforesaid observations, WPA 28190 of 2024 is disposed of.

Report so submitted be kept with the record.

Let a copy of the report be handed over to the learned advocate for the petitioners.

Affidavit-of-service so filed be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)