29.09.2026 In The High Court at Calcutta Sl. No. 56 Constitutional Writ Jurisdiction Court No. 758 Appellate Side Moumita WPA 30762 of 2024 Kazi Romjan Ali Vs. The State of West Bengal & Ors. Mr. Debashis Banerjee, Adv. Mr. Rakesh Jana, Adv. ….For the Petitioner Ms. Sudipa Banerjee, JGA Ms. Manisha Parveen, Adv. ….For the State 1. Learned Advocate for petitioner appears and submits that an order of injunction was passed on 19.12.2023 in Title Suit No. 279 of 2023 by the Court of Civil Judge (Junior Division), 1st Court at Alipore, South 24 Parganas in between Kazi Romjan Ali Vs. Mir Ahidul Islam and anothers. 2. The grievance of the petitioner was that despite the order of injunction the police authorities have failed to implement the said order of injunction. Prayer has been made to direct the police authorities to ensure that there is no encroachment by the private respondent upon the land which is subject matter of civil suit being Title Suit No. 279 of 2023 pending before 2 the Court of Civil Judge (Junior Division),1st Court at Alipore, South 24 Parganas. 3. Report was called for from the State. The State has submitted a report dated 7.9.2026 wherefrom it appears that pursuant to order of the Civil Court, police authorities had visited the site and had stopped the construction work which was carried out in violation of the Civil Court’s order. Bhangar P.S. Case no. 652 of 2023 dated 02.12.2023 under Section 188/34 of IPC was also registered and the investigation against the private respondent nos. 4 and 5 and has culminated into a charge-sheet. 4. Subsequently, again on 15.10.2024 when the private respondent suddenly started construction at the suit property they were restrained again and yet another case being, Bhangar Case No. 233 dated 15.10.2024 under Section 223/351(3)/3(5) of BNSS was started. It is specifically stated that since then no construction work is being done on the said property. The police continues to keep a close vigilance at the said property. 5. Learned Advocate representing the petitioner disputes the said contention of the learned Advocate representing the State and submits 3 that the private respondents continue to make illegal construction at the site in violation of the order of the Civil Court. 6. In view of the fact that the dispute which forms the subject matter of the present writ petition is squarely covered by Title Suit No. 279 of 2023 pending before the Court of Civil Judge (Junior Division), 1st Court at Alipore, South 24 Parganas, and is being contested by the parties, it would therefore be appropriate for the petitioner to redress his grievances before the Civil Court, who is in session of the matter. 7. So far as the execution of the order dated 19.12.2023 is concerned, it appears that police had taken steps and intervened into the matter. According to police no construction work is being carried on at the moment. Without going into the veracity of the allegations made by the petitioner and the contention of the State, the petitioner is relegated to the Trial Court to regress his grievances, if any. 8. It is clarified that the Court has not gone into the merits of the allegations made by the petitioner or the contention of the State. 4 9. Accordingly, this writ petition being WPA 30762 of 2024 is disposed of on the above observation there will be no order as to costs. 10. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Anuj Singh, J.)