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2025 DAILYLAW 37991 (CAL)

MADAN MOHAN MANDAL AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/20136/2022 · 2025-02-25

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.No. 7 Court No. 35 G.S.Das 25.02.2025 WPA 20136 of 2022 Madan Mohan Mandal & Anr. -Vs- The State of West Bengal & Ors. Mr. Sukanta Das Mr. Snehasish Jana … for the Petitioner(s) Mr. Anand Farmania Ms. Indumoli Banerjee … for the State – respondent(s) The petitioners are aggrieved by the fact that in T.S. 89 of 2020, the leaned Civil Judge (Jr. Divn.), 3rd Court, Paschim Medinipur vide order dated 18.02.2020 was pleased to direct the defendants being the respondents herein not to disturb the peaceful possession of the plaintiffs over the scheduled property and also he/they should not dispossess and/or change the nature and character of the suit property. Subsequently, the petitioners being the plaintiffs filed an application under Section 151 of the CPC and by an order dated 15.09.2021 directions were passed upon the Inspector- in-charge of Kotwali Police Station to take steps for providing police assistance for implementation of the order dated 18.02.2020 passed by the learned Civil Judge. The petitioners made representation to the police authorities in respect of change of nature and character of the property concerned. Learned advocate for the State submits a report which reflects that the police authorities on receipt of such information drew up a proceeding under Section 107 of the Cr.P.C. on or about 22.01.2022. Having considered that some steps were taken by the police authorities, I am of the view that the police authorities were not absolutely ignorant of the ground reality. However, I find that the main allegation of the petitioner presently is that the private respondents are changing the nature and character of the property. To that effect, the petitioners would file an application before the learned Civil Court for violation of the civil court’s order. In case, any direction is passed by the learned civil court, the police authorities would respect, obey and implement such order. In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace and tranquility takes place as also no untoward incident results because of the strained relationship existing between parties. With the aforesaid observations, WPA 20136 of 2022 is disposed of. Pending application(s), if any, is also disposed of. Report so submitted be kept with the record. A copy of the report be handed over to the learned advocate for the petitioner. 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.)