Sl.No

154 19.08.2025 WPA 18111 of 2024 Court No. 35 G.S.Das Dipankar Mondal & Anr.

-Vs-

The State of West Bengal & Ors.

Mr. Partha Sarathi Basu Mr. Sunit Roy Mr. Sumitava Chakraborty … for the Petitioner(s)

Mr. Rajarshi Basu Mr. Ananda Dulal Sarkar … for the State-Respondent(s)

Learned advocate for the petitioners submits that an injunction order was passed in connection with TS 164 of 2024. However, inspite of such injunction order, there have been violation at the behest of the private respondents. To that effect, information was furnished to Tarakeswar police station which did not yield any result.

Consequently, the Superintendent of Police (Rural), Hooghly was informed on or about 22.05.2024. However, till date, the petitioners did not receive any information regarding the steps so taken.

State has submitted a report which reflects that on the basis of the information so received on or about 07.05.2024, the police authorities have drawn up a proceeding under Section 107/116 of the Cr.P.C. As such, the police authorities are well aware regarding the nature of the dispute over the property as also the proceedings so pending.

Be that as it may, so far as the violation of the civil court’s order is concerned, petitioners would, for breach of the civil court’s order, take out an appropriate application before the learned jurisdictional civil court.

Learned advocate for the petitioners, at this stage, has relied upon a judgment delivered in MAT 560 of 2023. The said Judgment deals with the issues wherein final determination of rights was decided in the civil suit. So far as the present writ petition is concerned, the petitioners are unable to place a case before this court that there has been final determination of rights by the civil court. Moreover, the injunction order which was passed was an ex parte order dated

10.05.2024.

Accordingly, I am of the opinion that the judgment of the Hon’ble Division Bench has no manner of application in the present case.

In view of the observations made above, I direct that the petitioner would approach the civil court. The police authorities would only interfere if there is any violation of law and order.

With the aforesaid observations, WPA 18111 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

(Tirthankar Ghosh, J.)