Gobinda Chandra Dutta vs The State Of West Bengal & Ors
2022 Latest Caselaw 5917 Cal

25.8.2022
 Sl.No.197
    sn                       WPA 15330 of 2022


                             Gobinda Chandra Dutta
                                  Vs.
                        The State of West Bengal & Ors.


                Mr. Sabyasachi Hazra
                                   ..for the petitioner
                Mr. Robiul Islam
                                     ..for the State
               Mr. Keshab Chandra Das
               Mr. Biplab Adak    ..for the respdts.4,5,7-11


                   The petitioner prays for a direction upon the

             Officer-in-Charge, Dhaniakhali Police Station to

             assist the bailiff of the Court of the learned Civil

             Judge, Junior Division, 1st Court, Hooghly, for

             execution of a decree dated June 15, 2007, passed

             in Title Suit No. 156 of 1067.

                   The petitioner alleges that the respondent nos.

4 to 11/ judgement debtors obstructed the bailiff

and did not allow the bailiff to put the decree into

execution. The dispute is with regard to dag nos.

1805,1806,1807 and 1808 of mouza Parambua.

The petitioner filed a civil suit which was

decreed in favour of the petitioner. Title Execution

Case No. 05 of 2009 was filed. The bailiff was

directed to execute the judgment and decree. It

appears that some of the defendants went to the

spot and resisted the bailiff. Accordingly, the bailiff

filed a report before the learned Civil Court. Such

report was filed some time in 2015. The complaint

does not state what further orders were passed by

the learned executing Court upon receipt of the

bailiff's report. In any event, on the basis of such

report, the Writ Court cannot pass any order,

directing the police authorities to provide assistance

for the execution of the decree.

The remedy of the petitioner, if at all, would be

before the learned executing Court.

The writ petition is disposed of.

There will be, however, no order as to costs.

All parties are to act on the basis of the server

copy of this order.

(Shampa Sarkar, J.)