Rekha Singha And ORS. v. State Of West Bengal And ORS.

D/L 35 10.04.2025 Kausik ct.no.35 W.P.A. 29183 of 2024 Rekha Singha & Ors.

Versus

State of West Bengal & Ors.

Ms. Deblina Lahiri Mr. Debashis Sarkar Mr. Mrinmoy Chatterjee ...for the petitioners.

Ms. Sananda Bhattacharyya ...for the private respondent.

Mr. Ashim Kumar Ganguly, AGP Mrs. Jayeta Mitra ...for the state.

Petitioner has drawn the attention of the court to the order dated 11.02.2022 passed in TS No. 132/2020 which is as follows :- "that the temporary injunction petition is hereby considered and allowed on contest. The defendant Nos- 1 to 5 along with their men and agents jointly and severally are hereby restrained from disturbing the plaintiffs in smooth running, managing and controlling of the day to day activities of the management of „Singher Haat‟ and also from obstructing the plaintiffs from collecting rent and other charges from the vendors, shop keepers and traders running business at „Singher Haat‟."

Subsequently petitioner has drawn the attention of the court to the order dated 13.03.2024. The petitioner thereafter submits that in spite of direction passed upon the Inspector-in-charge of Chakdah Police Station. They are defying the order of the civil court and the petitioner is unable to manage the day to day affairs including the factum of collection of rent as was directed in the order of injunction dated 11.02.2022.

Mr.

Ganguly, learned Additional Government Pleader appearing on behalf of the State submits that the report which has been submitted by the police authorities reflect that the market/hut is being managed by different set of people and not the petitioner.

Be that as it may, police authorities are not supposed to decide against a verdict or a direction passed by a court of law. If the police authorities face inconveniences they are supposed to submit a report in respect of the resistance faced by them for complying with the order of a court of law.

Since, I find that there is a specific direction on the Inspector-in-charge, Chakdah Police Station until the said order is modified or recalled by the same court or altered by any higher court of law, the Inspector-in-charge, Chakdah Police Station will

implement the order dated 13.03.2024 passed by the learned Civil Judge (Junior Division), Kalyani, Nadia. With the aforesaid observations WPA 29183 of 2024 is disposed of.

Report so submitted be kept with the record.

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

(Tirthankar Ghosh, J.)