Sk Nurul Huda And ANR v. State Of West Bengal And ORS.

S/L 5 26.12.2021 Court. No. 7 Suvayan GB W.P.A. 29033 of 2022 Sk. Nurul Huda & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Allen Felix ... for the Petitioners.

Mr. Tapan Mukherjee, Mr. Tapas Kr. Dey ... for the State.

Mr. Uday Sankar Chattopadhyay, Mr. S. Bhattacharya ... for the Respondent No.7.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioners seek to implement an order dated December 1, 2022 passed in a proceeding under Section 144 of the Code of Criminal Procedure, 1973.

It appears that there is a longstanding dispute between the petitioners and private respondent no.7 with regard to harvesting of paddy crops.

The petitioners argue that since the police has failed to implement the order passed by the learned Magistrate, the necessary direction should be passed upon the police by this Court.

Mr. Uday Sankar Chattopadhyay, learned advocate on the other hand, submits that before the learned Executive Magistrate the petitioners suppressed the fact that they had failed to obtain an injunction from the civil court over the self-same cause. He further submits that on the earlier

occasion a similar writ petition filed by the writ petitioners had been dismissed by this Court. Therefore, the present writ petition should also be dismissed.

I am of the view, that the petitioners, in all fairness, ought to have disclosed before the learned Executive Magistrate as to the pendency of the civil suit between the parties. Since the petitioners have suppressed the said fact, I am not inclined to pass any order in their favour ignoring the order of refusal of ad-interim injunction by the civil court passed in Title Suit No.569 of 2022 pending before the learned Civil Judge (Junior Division), 4th Court, Burdwan. Mr. Chattopadhyay submits that already a revisional application has been filed before the learned Sessions Judge, Purba Burdwan challenging the order dated December 1, 2022 passed by the learned Executive Magistrate. It is desirable that learned Sessions Judge, Purba Burdwan will decide the said criminal revision being Criminal Revision No.74 of 2022 as expeditiously as possible.

With the above observations, the writ petition being W.P.A. 29033 of 2022 is disposed of.

However, there will be no order as to costs.

Urgent xerox certified copy of this order be given to the parties on priority basis.

(Kausik Chanda, J.)