Dilip Das v. The State Of West Bengal And ORS.

10.12.2024 Ct. No. 35 Sl. No.21 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 28915 of 2024 Dilip Das -versus- The State of West Bengal & Ors.

Mr. Tanmoy Mukherjee.

Mr. Souvik Das.

Mr. Rudranil Das.

...For the Petitioner.

Mr. Dipanjan Dutta.

Ms. Sukanya Datta.

... For the State.

Mr. Apurba Kumar Ghosh.

... For the respondent no.4.

Petitioner submits that he has approached the civil Court, which has passed a direction on 6th September, 2024 in T.S. No. 1230 of 2024 thereby restraining the defendants from creating any obstruction in free ingress and egress of the petitioner. Learned advocate submits that in spite of the civil Court having passed an order of injunction, the private respondents are carrying out their illegal activities thereby violating the order passed by the learned Civil Judge (Junior Division), First Court, Howrah.

Learned advocate for the State as well as the private respondent is present.

Learned advocate for the private respondent opposes the contentions advanced on behalf of the petitioner.

An information was sent on 24th September, 2024 to the ACP North 2 Howrah Commissionerate. Petitioner complains that till date no action has been taken on such information.

In view of the aforesaid, I direct that the petitioner would take out an application before the learned Civil Judge (Junior Division), 1st Court, Howrah with a prayer for directions for police assistance and/or police protection for implementing the order dated 6th September, 2024 in case the same has not been altered till date. If the Learned Civil Judge (Junior Division), 1st Court, Howrah in T.S. 1230 of 2024 passes specific directions upon the police authorities, the police authorities would respect, obey and would be bound by the Court.

In the meantime, the police authorities would ensure that there is no breach of peace or tranquility over the issues complained of in the writ petition. With the aforesaid directions, WPA 28915 of 2024 is disposed of.

There shall be no order as to costs.

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

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Tirthankar Ghosh, J.)