Sk. Fayezuddin Alias Sk. Fayez And ORS. v. State Of West Bengal And ORS.

Sl.No.

05.12.2024 WPA 28225 of 2024 Court No. 35 G.S.Das Sk. Fayezuddin @ Sk. Fayez & Ors.

-VsThe State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Mr. Samrat Chakraborty ... for the petitioner(s) Mr. Swapan Banerjee Mr. Suman Chatterjee ... for the State-respondent(s) Learned advocate for the petitioners submits that they have divulged in the plaint before the learned Civil Judge (Jr. Divn.), 1st Court, Barasat, North 24 Parganas in T.S. No. 867 of 2024 that they were running a business of building materials in the suit property which is the subject-matter of the title suit.

On an appreciation of the materials placed before the Court, the learned Civil Judge (Jr. Divn.), Barasat,

North 24 Parganas, was pleased to direct for maintaining status quo over the suit property till disposal of the suit.

Learned advocate submits that, till date, the said order has not been modified and/or set aside by any higher forum and, is still subsisting.

However, the petitioners are being disturbed and/or obstructed in carrying on their lawful business.

Learned advocate for the State has submitted a report, which reflects that the Inspector-in-charge of Deganga Police Station has recorded that the business of building materials and hardware of the petitioners are running on the land.

It has been further asserted in the report that there has been no interference from the police authorities from carrying on the said business.

The report also reflects that a proceeding under Section 107/116 of the Cr.P.C. was drawn up by the police authorities to maintain peace and tranquility.

Be that as it may, as the police report reflects that the petitioners have been running their business of building materials and hardware and, there has been a status quo order, if there is any interference from any corner, the police authorities would ensure that the same is dissuaded.

In the meantime, the petitioners, if they are facing problem, would approach the learned Civil Court for appropriate police assistance and/or police protection in connection with Title Suit No. 867 of 2024.

With the aforesaid observations,

WPA 28225 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 petitioner.

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.)