Sahanaj Bibi And ANR. v. State Of West Bengal And ORS.

M/L 59 15.01.2025 Bpg.

ct.no.35 W.P.A.30424 of 2024 Sahanaj Bibi & Anr.

Versus

The State of West Bengal & Ors.

Mr. Subhas Chandra Atha Ms. Payel Paraminik.

...for the petitioners.

Mrs. Jhuma Chakraborty Mr. Suddhadev Adak.

...for the State-respondents.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners submit that, in spite of the learned Civil Judge (junior Division), 1st Court, Sadar, Bankura having passed an ad interim injunction restraining the defendants from creating any disturbance in cultivation work of the petitioners, the private respondents had been pursuing their illegal acts of disturbance by violating the civil court's order. Learned advocate for the State has submitted a report. Report reflects that steps have been taken by drawing up proceedings under Section 126 of BNSS.

Having regard to the contentions advanced by the petitioners and also the contentions that the application under Section 151 of Civil Procedure Code

praying for police assistance is pending, I direct that in case the learned Civil Judge is of the opinion that police assistance should be rendered, then in that case, the police authorities would respect, obey and implement the order of the learned Civil Judge in connection with T.S. 288 of 2024. In the meantime, the police authorities would continue to keep a strict vigil for ensuring that no breach of the peace takes place.

With the aforesaid observations, WPA 30424 of 2024 is disposed of.

There will be no order as to costs.

Report so submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioners. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)