Sudarshan Mandal vs The State Of West Bengal & Ors
2022 Latest Caselaw 3929 Cal

  196
4.7.2022
   sb
                             WPA 688 of 2020


                           Sudarshan Mandal
                                   -vs-
                     The State of West Bengal & Ors.



             Mr. Udaynarayan Betal
             Mr. Mriganka Patra           ....for the Petitioner

             Ms. Chaitali Bhattacharjee
             Mr. Kartick Chandra Kapas          ...for the State



                 Affidavit of service filed by the learned advocate

           for the petitioner, be kept with the record.

                 The petitioner submits that the respondent nos.

4 to 6, who are the heirs and legal representatives of

the Kisto Mandal, have been trying to disposses the

petitioner from their land. Reliance has been placed

on a judgment and decree dated October 11, 2018

passed by the learned Civil Judge, Junior Division,

Additional court at Lalbagh.

The right, title, interest and possession of the

petitioner and two others have been upheld in the suit

against the contesting defendants. It was ordered that

the suit be decreed on contest against the defendants

(respondent nos. 4 to 6 and Kisto Mandal). The

plaintiffs were declared to be title holders of the

property in dispute and the substituted defendants

were permanently restrained from interfering with the

peaceful possession of the plaintiffs in respect of the

suit property. It is alleged that the respondent nos. 4

to 6 have been disturbing the peaceful possession of

the petitioner in respect of the property in question.

The Officer-in-charge, Ramnagar Police Station did

not take any steps even after complaints were filed.

The civil court had found the petitioner to be in

possession along with the other plaintiffs.

Ms. Bhattacharjee, learned advocate for the

police authorities submits that the allegations of the

petitioner are incorrect.

Under such circumstances, the writ petition is

disposed of with a direction upon the Officer-in-

charge, Ramnagar Police Station, to dispose of the

complaint dated November 26, 2019 being Annexuer-

P/3 of the writ petition upon hearing of the petitioner

as also the respondent nos. 4 to 6.

This court is of the view that, if there is a

subsisting judgment and decree passed by a civil

court which has neither been modified nor vacated or

set aside by a superior court, the petitioner's property

must be protected, provided the petitioner continues

to be in possession.

Accordingly, WPA 688 of 2020 is disposed of.

The petitioner will serve a copy of the writ

petition along with the server copy of the order to the

Officer-in-charge, Ramnagar Police Station.

All parties are to act on the server copy of this

order.

(Shampa Sarkar J.)