Subal Chandra Das & Ors vs State Of West Bengal & Ors
2021 Latest Caselaw 3116 Cal

28-05-2021
 ct no. 13
  Sl.6
   sp
                          WPA 4344 of 2021
                     (Through Video Conference)

                       Subal Chandra Das & Ors.
                               -Versus-
                       State of West Bengal & Ors.

             Mr. Baidurya Ghosal
                                            ....for the petitioners

             Mr. Ayan Banerjee
                                     ...for the State-respondents

The petitioners complain that in respect of

title to 23 decimals of land located at Mouza-

Bujruk Bandhail under Gazole Police Station, a

civil suit is pending and orders have been

passed injuncting the private respondents

against interference with the petitioners'

possession of land. The orders have been passed

by the Civil Judge (Junior Division), 2nd Court at

Malda in T.S. No. 117 of 2017.

It is submitted by the learned counsel for

the petitioner that notwithstanding the orders of

Civil Court, the private respondents are

continuing to threaten the petitioners. It is

further submitted that the Officer-in-Charge,

Gazole Police Station has not taken any steps

notwithstanding directions from Civil Judge

(Junior Division), 2nd Court, Malda.

This Court is of the clear view that a writ

Court cannot ordinarily be a forum to seek

execution of an order of a Civil Court.

Learned counsel for the State submits

that status quo as on date of the order upon the

police, is being maintained as of now.

Counsel for the State Mr. Banerjee also

submits that proceedings have been initiated

under the provisions of the Cr. P.C. and IPC

against the private respondents and a charge

sheet has also been filed before the Court

concerned.

It is made clear that in the event, the Civil

Court decides that the land of the petitioners

has been encroached by the private

respondents, the respondents may approach the

Civil Judge (Junior Division), 2nd Court, Malda,

to pass appropriate orders and the Officer-in-

Charge, Gazole Police Station shall carry out the

same in accordance with law.

The Officer-in-Charge, Gazole Police

Station shall also, if prayed for by the

petitioners, provide security and police presence

at the disputed site at the cost of the petitioners.

With the aforesaid directions, WP 4344 of

2021 is disposed of.

The petitioner shall communicate a copy

of this order to the private respondents.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)