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2026 DAILYLAW 38628 (CAL)

GREEN VIEW CLINIC PRIVATE LIMITED AND AR. v. BISWAJIT MONDAL, INSPECTOR-IN-CHARGE AND ORS.

CPAN/460/2026 · 2026-09-02

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10 0022..0099..22002266 Ct. No.15 b.das CPAN 460 of 2026 in WPA 25417 of 2025 Green View Clinic Pvt. Ltd. & Ors. Vs. Biswajit Mondal & Ors. Mr. Kallol Basu Mr. Niladri Sekhar Ghosh Mr. Samik Sarkar Mr. Atreya Chakraborty Mr. Souvik De Ms. S. Sen …for the applicant/petitioner. Mr. Piyush Chaturvedi Ms. Purnendu Das …for the alleged contemnor nos.1, 2,5 & 6. By the order passed on November, 26, 2025 in WPA 25417 of 2025 this Court directed as hereunder: “The police authority is directed to keep strict vigil in the nursing home and the adjoining area so that the nursing home is run smoothly and no disturbance or panic is caused to the patients or employees therein. They should ensure that no untoward incident takes place and there is no breach of peace and tranquility. However, the police authority shall refrain from interfering with the administrative decisions taken by the parties in respect of the nursing home or operation of the same.” The applicants/petitioners submit that the order has not been complied with. Despite such order and this Court taking note of the fact that prima facie it appeared that the order was being violated by the private respondents, the police authority has taken no steps for strict compliance of the order or to ensure smooth running of the nursing home, as directed. 2 Learned counsel for the applicants/petitioners submits that the applicants have been removed from the nursing home premises and medical equipments amounting to crores of rupees have been illegally removed from the nursing home. The electricity connection of the nursing home has been disconnected. The nursing home has been non-functional despite which the police authority has remained a silent onlooker and has taken no steps to prevent the same. The police authority has submitted an affidavit of compliance wherein it is stated that the police authority has been maintaining regular vigil over the nursing home and its adjoining areas and necessary police presence and preventive measures are being ensured to maintain peace and tranquility to prevent any untoward incident and to ensure that the directions of the Hon’ble Court is complied with. The affidavit also records that that the private respondents also lodged complaint before the police on 18th December, 2025 alleging that the petitioners alongwith their associates, armed with weapons, forcibly entered the nursing home caused nuisance therein, disconnected the CCTV systems, outraged the modesty of female staff and looted Rs.1,50,000/- in cash alongwith original deeds and medical instruments. The complaints lodged by both the parties have been registered and investigation is in progress. 3 I have considered the rival contention of the parties. It appears that that there are several factual disputes between the parties, each of them claiming to run the nursing home. However, the order dated 26th November, 2025 records that admittedly, the private respondents are operating the nursing home at present though the documents pertaining to the nursing home are in the name of the petitioners. There are allegations and counter allegations by and between the parties which need to be dealt with by the appropriate forum. Admittedly a civil suit filed by the private respondents in this respect is pending. It should also be borne in mind that the police authority has been directed to refrain from interfering with the administrative decisions taken by the parties in respect of the nursing home or operation of the same. In the said premises, this Court is of the view that the factual disputes between the parties with regard to administration of the nursing home or alleged removal of the property of the nursing home cannot be dealt with by the police authority or for that matter, by this Court in the present application. This Court is informed that the petitioners have approached the appropriate Bench of this Court alleging police inaction with regard to the complaint lodged by them. 4 Since it appears that the police is keeping vigil in and around the nursing home and its vicinity, the order under contempt has been substantially complied with. The police cannot be expected to deal with/enquire into the dispute between the parties with regard to the administration/property of the nursing home unless called upon. In view of the above, the contempt application being CPAN 460 of 2026 is disposed of. There shall, however, be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)