Bhim Chandra Koyal @ Bhim Kayal And ANR. v. State Of West Bengal And ORS.

02.07.2024 d.p.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side W.P.A. 28749 of 2023 Bhim Chandra Koyal @ Bhim Kayal & Anr.

-versus The State of West Bengal & Ors.

Mr. Arpan Guha, Mr. Saikat Dey.

...For the Petitioner.

Ms. Sonal Sinha, Mr. Avishek Prasad.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioners allege that the order of status quo passed by the Learned Trial Court is being flouted by the private respondents.

An application has been filed before the Learned Court below under Order 39 Rule 2A read with Section 151 CPC which is pending consideration before the Learned Trial Court.

The petitioners thereafter approached the police for help. There is no response to the prayer made by the petitioners.

The undated report of the Inspector-in-charge, Bishnupur Police Station mentions that as the police is

not aware of the ownership of the land, accordingly, the police was unable to take steps.

As it appears that the petitioners have already approached the Learned Trial Judge with a prayer seeking police help, accordingly, the Learned 6th Civil Judge (Junior Division) is directed to decide the prayer of the petitioner positively within a period of thirty days from the date of communication of this order. The police shall ensure that there is no breach of peace at the locale.

Undated report filed by the Inspector-in-Charge, Bishnupur Police Station is taken on record.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)