Tushar Patary & Anr vs The State Of West Bengal & Ors
2021 Latest Caselaw 4486 Cal

02.09.2021
Ct. No.8
S/L No.2
 KS
                                        (Via Video Conference)
                                         W.P.A. 12105 of 2021

                                        Tushar Patary & Anr.
                                                 -Vs.-
                                     The State of West Bengal & Ors.



                                 Mr. Sankar Dalapati
                                 Mr. Kapil Chandra Sahoo
                                                     .....For the Petitioners
                                 Mr. Subhabrata Datta
                                 Mr. Abdus Salam
                                                .....For the State



                 The writ petitioners are the decree holder in respect of the

             suit property as per the decree passed in Title Suit No.23 of 2015

             dated April 16, 2016.    A direction was given by Coordinate

             Bench of this Hon'ble Court on 05.08.2021 that since there

             subsists a decree in favour of the petitioners, the police is to

             ensure that the parties are bound by the decree in terms thereof

             and adhered thereto.

                 In my view, the lis is between the petitioners and the private

             respondents. Private respondents have not entered appearance

before this Court. The police help can be given even by a Civil

Court to see to it that the Civil Court judgment is regarded. But

the order for police protection, as such, cannot readily be

granted. It would appear on perusal of the judgment ex parte

passed by the Civil Court that the right, title, interest and

possession in the suit property were declared in favour of the

petitioners whereas the petitioners before this Court have sought

for police protection before the Officer-in-Charge, Kultali Police

Station stating that on 13.07.2021 at 8:00 a.m. when the parties

had been to the suit plot, the private respondents forcibly

resisted the petitioners illegally to enter into the suit plot and

they also allegedly used filthy language to the family members

of the applicant and held out threat with dire consequences. It

also appears from the complaint made to the Officer-in-Charge

that a mass petition being M.P. Case No.2112 of 2020 under

Section 144(2) of the Criminal Procedure Code was filed before

the Learned Executive Magistrate, Baruipur Sub-Division, South

24 Parganas but the respondents have disobeyed the order

passed by the Civil Court as well as the learned Executive

Magistrate. If such, allegation is taken into consideration, the

matter is undoubtedly of a concern for a person as to why the

private respondents should not obey the order of the learned

Executive Magistrate and the Civil Court decree.

Affidavit of service filed in Court be kept on record.

Now, Mr. Subhabrata Datta, learned counsel for the State

submits that the respondents may be directed to appear before

the Court on communication through the Officer-in-Charge

concerned.

Let the private respondents be directed to appear before this

Court on 13th September, 2021.

A copy of this order be sent to the Learned Registrar

Administration (L & OM) to direct the Officer-in-Charge, Kultali

Police Station, to ensure the presence of the private respondents

before the Court on the date fixed.

Let the matter be listed on 13th September, 2021.

(Shivakant Prasad, J.)