Shri Madhusudan Das & Ors vs State Of West Bengal & Ors
2022 Latest Caselaw 102 Cal

17-01-2022
 ct no. 13
  Sl. 11
   sp
                          WPA 17975 of 2021
                      (Through Video Conference)

                      Shri Madhusudan Das & Ors.
                               -Versus-
                      State of West Bengal & Ors.

             Mr. Shyamal Kumar Das,
             Mr. Ajay Barman Ray
                                            ....for the petitioners

             Mr. Tapan Kumar Mukherjee,
             Mr. Somnath Naskar
                                                   ...for the State




                   Affidavit of service filed in Court today is

             taken on record.

                   The petitioners complain that the private

             respondent    in   violation   of   the    order      dated

September 2, 2021 passed in T.S. 131 of 2021 by

the learned Civil Judge (Jr. Division), 1st Court,

Contai (In-Charge), has continued to effect

construction in the disputed property.

The petitioners by reference to a judgment

of the Hon'ble Supreme Court in the case of P.R.

Murlidharan and others vs. Swami

Dharmananda Theertha Padar and others

reported in (2006) 4 SCC 501, has submitted that

the Writ Court can enforce a Civil Court's order.

Reference is also made to a decision of a Co-

ordinate bench of this Court in Srikanta Roy vs.

State of West Bengal and others reported in

2012 (2) CLJ (Cal) 486.

This Court is of the view that the facts and

circumstances under which the said of P.R.

Murlidharan (supra) decision has been rendered,

are quite different and have no manner of

application in this instant case. The arguments of

the learned counsel for the petitioners that moving

the Civil Court under Order 39, Rule 2A is a

useless formality, cannot also be accepted by this

Court.

This Court is, therefore, of the view that the

petitioners ought to first move the Civil Court

under Order 39, Rule 2A and seek directions upon

the police for assistance in enforcing the order of

injunction.

It is made clear that in case of any

application as above is filed in the Court below by

the petitioners, the same shall be dealt with as

expeditiously as possible, by the learned Civil

Court and suitable orders for enforcement and/or

police help may be passed in accordance with law.

         In   that   view       of   the   matter   and   for

availability of efficacious alternative             statutory

remedy, this Court is not inclined to interfere

under Article 226 of the Constitution of India.

Hence, WPA 17975 of 2021 shall stand dismissed

with liberty however reserved to the petitioners as

indicated hereinabove.

There shall be no order as to costs.

All parties shall act on the server copy of

this order duly downloaded from the official

website of this Court.

(Rajasekhar Mantha, J.)