Amarendra Nath Mistri (Pramanik) v. State Of West Bengal And ORS.

December 12, 2024 Sl. No. 13 Court No.35 s.biswas WPA 28975 of 2024 Amarendra Nath Mistri (Pramanik) vs.

The State of West Bengal and others Mr. Manoranjan Jana Ms. Mitali Jana ... for the petitioner Mr. K. J. Yusuf Ms. Munmun Ganguly ... for the State Mr. Amit Bikram Mahata ... for the respondent no.11 Affidavit of service so filed, be kept with the record.

The petitioner is aggrieved by the fact that private respondent nos.6 to 11 are disturbing the peaceful possession of the property and are not allowing them to harvest the crops. The petitioner complained that in spite of the decree passed by the Civil Court in Title Appeal No.50 of 2016, the respondents are adamant in carrying out their illegal activities. The petitioner has lodged complaint with the police station, but in spite of the same, the police authority is not aiding and/or adhering to the directions of the court.

Learned advocate appearing for the respondent no.11, disputes and denies the contention advanced on behalf of the petitioner and submits that as a law abiding citizen, no hindrance has been created and the respondents are only involved with the plot of

land and have no interest in the property of the petitioner.

Learned advocate for the State has submitted a report. Report reflects that police authorities are vigilant and as such Raidighi P.S. Case No.654 of 2024 dated 10.12.2024 has been registered for investigation. The police authorities are directed not only to obey and respect the order of the Civil Court but also implement the order of the Civil Court. It is further directed there should not be any hindrance in the peaceful possession and enjoyment of the petitioner's property.

In view of the inimical relationship as alleged in the writ petition which is existing, I direct the police authorities to keep vigil and ensure no breach of peace and tranquility takes place and no untoward incident results because of the existing relationship. With the aforesaid observation, WPA 28975 of 2024 is disposed of.

The report submitted be kept with the record. Copy of the report be handed over to the learned advocate for the petitioner and the private respondent.

All the parties shall act on the basis of the server copy of the order.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Tirthankar Ghosh, J.)