The main legal point established in the judgment is that the police have a duty to enforce civil court orders and prevent any violation of injunction orders, and they should take action to remedy wrongs and ensure public peace.

JUDGMENT :

Jay Sengupta, J.

1. The present writ petition is filed being aggrieved by and dissatisfied with the non-action and/or inaction on the part of respondent police authorities pursuant to the G.D.E. dated 17.06.2023 and the complaint dated 26.06.2023 filed by the petitioners against the unlawful activities perpetrated by the private respondents.

2. Learned Counsel for the petitioner submitted as follows. The petitioner nos. 2 and 3 were the owners of the RS and LR suit plot no. 1038 consisting of an area 08 decimals of land and another RS & LR suit plot no. 1039 consisting of an area 03 decimals of land previously belonged to Sushil Kumar Roy, Debendra Nath Roy, Sudhir Ranjan Roy and Shyamal Roy in equal share i.e., 04 annas share each and they used to possess the same with right, title, interest and their names were recorded in the LRROR in LR Khatian No. 1455/1. 541/1 and 140/1 and they paid rent to the suit property and two stored old building house and shop rooms were situated on the suit property. Sushil Kumar Roy during enjoying and possessing the RS & LR suit plot no. 1038 to the extent of an area 02 decimals of land and RS & LR plot no. 1093 to the extent of an area 0.75 decimal of land with right, title, interest died leaving behind his one son namely, Sudip Roy and his wife, namely Chhabi Roy as his only legal heirs and successors and they got the said property by way of inheritance. Thereafter, Sudip Roy and Chhabi Roy gifted away their share in favour of Priyabrata Roy i.e., the petitioner No.1 by way of registered Deed of Gift being No. 1217 dated 135.05.2017 and gave delivery of possession to him and petitioner No. 1 recorded his name LRROR in LR Khatian No. 4989 and he paid rent to the State of West Bengal and he used to possess the same with right, title and interest. Another original owner Debendra Nath Roy died leaving behind his only son namely, Debasish Roy as his only legal heir and successor. The said Debendra Nath Roy during enjoying and possessing the said property gifted away his share to Debabrata Roy i.e., the petitioner No.2 by way of registered Deed of Gift being No. 1218 dated 15.05.2017 and gave delivery of possession to him and petitioner No.2 recorded his name in LRROR in LR Khatian no. 4988 and he paid rent to the State of West Bengal and he used to possess the same right, title and interest. The petitioner no. 2 and 3 were the owners and occupiers of 04 decimals of land over RS & LR suit plot No.. 1038 and 1.50 decimals of land over RS & LR suit plot no. 1039 and the petitioner no. 2 and 3 used to possess the same in ejmali and jointly with the other co-sharers. The suit plot was never partitioned amongst the co-sharers and the petitioner no. 2 and 3 were the owners and occupiers of 8 annas share over the suit plots. Thereafter, Sudhir Ranjan Roy died leaving behind his two sons namely, Barundeb Roy and Buddhadeb Roy as his only legal heirs and successors and they got the share of Sudhir Ranjan Roy and they used to possess the same with right, title and interest. Shyamal Roy died leaving behind his wife namely, Rama Roy and one son namely, Sujit Kumar Roy i.e., private respondent no. 1 as his only legal heirs and successors. Thereafter, Rama Roy, Sujit Kumar Roy jointly gifted away more than share to Baba Loknath Seba Samity Trust i.e., the private respondent no. 2 by way of registered Deed of Gift being No. 79 dated 06.01.2022 and he private respondent no. 2 recorded their names in the present LRROR being LR Khatian No. 6054. The petitioner no. 2 and 3 and the private respondent no. 2 recorded their names in the present LRROR being LR Khatian No. 6054. The petitioner no. 2 and 3 and the private respondents were the co-sharers of the suit property and they possessed the same in ejmali and jointly and the suit property was never divided amongst the co-sharers. In the middle of COVID-19 pandemic, the petitioner no. 1 being the father along with his wife wanted to shift to the said property