Jenali Gazi v. State Of West Bengal And ORS.

Sl.No.

05.12.2024 WPA 28257 of 2024 Court No. 35 G.S.Das Jenali Gazi -VsThe State of West Bengal & Ors.

Mr. Shahan Shah Mr. Soumen Barman Mr. Samrat Chakraborty ... for the petitioner(s) Mr. Md. Wasim Akram Ms. S. Parvin ... for the private-respondent(s) Mr. Swapan Banerjee, ld. AGP Mr. Soumen Chatterjee ... for the State-respondent(s) Affidavit of Service so filed be kept with the record.

Learned advocate for the petitioner submits that in spite of the status quo order passed by the learned Civil Judge (Jr. Divn.), 1st Additional Court, Diamond Harbour in Title Suit No. 60 of 2015 dated 01.02.2016, the police authorities are not restraining the respondents from creating disturbances in respect of the

peaceful possession which is enjoyed by the petitioner.

A report has been submitted by the learned advocate for the State.

In view of the learned Civil Court in seisin of the matter, if the petitioner approaches the learned Civil Court with an application under the relevant provisions of law and, the learned Civil Court, if it thinks fit and proper to grant police assistance and/or police protection, in that case, the police authorities would respect and obey the order passed by the learned Civil Court.

In the meantime, the police authorities would ensure that there should be strict vigil in the locality so that no breach of the peace and tranquility takes place as also no untoward incident crops up between the petitioner and the private

respondents.

With the aforesaid observations, WPA 28257 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.)