MOHAMMED ALI NOOR MOLLA v. STATE OF WEST BENGAL AND ORS.
WPA/4195/2025 · 2025-03-10
Tirthankar Ghosh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11639 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11639 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10.03.2025 Court No. 35 Item No.7 Rakib
W.P.A. 4195 of 2025
Mohammed Ali Noor Molla. VS The State of West Bengal & Ors.
Mr. Subham Ghosh. ... for the Petitioner. Mr. Suman Ghosh, Mr. Pradipta Siddhanta.
… for the State.
Affidavit of service filed by the petitioner be kept with the record. Petitioner is aggrieved by the fact that inspite of directions passed by the learned Civil Judge (Senior Division), 3rd Court, Barasat, North 24 Parganas, the police authorities have not been carrying out the direction so passed in connection with T.S. 425/2010. Earlier the petitioner approached this Court when a Coordinate Bench in WPA 15032/2022 dated 24.08.2022 was pleased to pass certain directions recording that the petitioner has already filed an application under Order XXXIX Rule 2A of the Code of Civil Procedure. If there are directions by the learned Civil Court in siesin of T.S. 425/2010 upon the police authorities, the police authorities are bound to respect, obey and implement such order. Since the Civil Court is already in siesin of the issue, I am not inclined to interfere with the proceedings but I direct that the learned Civil Court (Senior Division),
2 3rd Court, Barasat, North 24 Parganas would, if required prepone the pending application under Order XXXIX Rule 2A of CPC. Police authorities, however, would ensure that there is no breach of peace and/or tranquility and/or any untoward incidents resulting from the nature of dispute complained of by the petitioner as the Civil Court is already in siesin of the matter. Accordingly, WPA 4195 of 2025 is disposed of. Report submitted by the State be kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner. All concerned parties shall 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 upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)