Hasibul Khan v. State Of West Bengal And ORS.

21.08.2025 Court No. 35 W.P.A. 28292 of 2024 Hasibul Khan VS The State of West Bengal & Ors.

Mr. Md. Jalaluddin Ahmed ...for the Petitioner Mr. Wasim Ahmed Mr. Md. Masud.

...for the State.

Mr. Sourabh Guha Thakurata Mr. Abhratanu Sarkar Mr. Partho Proteem Das Mr. Aftab Munshi ...for respondent no.2.

Petitioner is aggrieved by the fact that in spite of M/L. No.280 Rakib the vehicle being forcefully repossessed the police authorities did not render their assistance. Petitioner submits that substantially he has paid money towards the monthly installments but illegally the finance comply has repossessed the vehicle.

Learned advocate appearing for the respondent no.2 submits that pursuant to the order passed by the learned Judge, Bench VIII, City Civil Court, Calcutta in Misc. Case. 2422 of 2025 the possession of the vehicle was taken.

Mr. Ahmed, learned advocate appears for the State and submits that since an order was existing, police authorities were not empowered to interfere in respect of the steps so taken.

Having regard to the fact that respondent no.2 acted on the basis of Court's order, the police authorities did not have any power to interfere with the same. If the

petitioner is aggrieved by any of the order passed by the Civil Court, he would be at liberty to approach the appellate forum of the same.

With the aforesaid observations WPA 28292 of 2024 is disposed of.

Photostat copy of the order submitted by the learned advocate for the respondent no.2 be kept with the record.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)