Chandra Kala Sethia And ANR v. The State Of West Bengal And ORS

S/L 22 15.05.2025 Court No.2 (Susanta) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION WPA 1109 of 2025 Chandra Kala Sethia & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Deborshi Dhar, Mr. Jay Agarwal, Mr. Rahul Agarwal, ... For the Petitioners.

Ms. Bedashruti Bose, Mr. Sumit Kumar, .... For the State.

Mr. Nabankur Paul, Ms. Sutapa Sen Paul, Ms. Aayushi Agarwal, Mr. Bodhisatya Ghosh, .... For the Respondent No. 11.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

A civil suit is pending between the petitioners and the private respondent nos. 11-30.

The petitioners are alleging that in the said suit there is a subsisting order of injunction against the private respondents but violating the said order of injunction, the said respondents are disturbing the possession of the petitioners.

Under such circumstances the petitioners have prayed for implementation of the said order of injunction by police assistance, such prayer was allowed. The grievance of the petitioners is that the Police authority is not complying with the said order of the Civil Court. The petitioners are praying a direction over the Police authority to implement the said order.

The Learned advocate for the State submits that the property in respect of which the injunction order is operating is not identifiable, in fact the petitioners also could not identify the same, however, the Police is vigilant to maintain the peace and tranquility of the locale. He files the instruction dated May 14, 2025 of the Inspector-inCharge (I.C.) New Jalpaiguri Police Station the respondent no. 5 herein, let it be kept with the record. The respondent no. 5 is directed to ensure that the order of injunction be obeyed by the parties to the suit. WPA 1109 of 2025 is disposed of with the above direction without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)