Maya Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 6252 Cal

05.09.2022.
Court No.13
 Item No. 14
    ap                         W.P.A. No. 15864 of 2022
                                       Maya Das
                                         Versus
                            The State of West Bengal & Ors.

                     Mr. Chayan Gupta,
                     Mr. Rittick Chowdhury.
                                                    ...For the petitioner.
                     Mr. Debasish Ghosh,
                     Mr. Domingo Gomes.
                                                        ...For the State.
                     Mr. Rajdeep Bhattacharya,
                     Mr. Arindam Kundu.
                                   ...For the respondent nos. 5 & 6.

Affidavit-of-service filed in Court today be taken

on record.

The petitioner complains that Netaji Nagar Police

Station is not complying with the order of the learned

Civil Judge (Junior Division) 1 st Court, South 24

Parganas at Alipore in Title Suit No. 1541 of 2008. The

said suit has been decreed and the decree is pending

challenge in appeal. There is no stay till today.

The petitioner has deposited costs for

compliance by the police, of an order directing the

order of the Civil Court for the Bailiff to grant

possession to the petitioner in terms of the decree.

It is submitted that Netaji Nagar Police station is

not taking steps to deliver such possession.

It further appears that nine orders have been

passed directing the police to render assistance and

delivery of possession of the property to the petitioner.

A separate suit in respect of Tea Stall in the

premises is pending and there is an order of injunction

in respect of the said Tea Stall. There is some dispute

with regard to the property to be delivered under the

decree.

Counsel for the petitioner, Mr. Gupta, submits

that there is absolutely no dispute and applications

under Sections 151 and 47 of the Code of Civil

Procedure made by the judgment debtor are frivolous.

This Court cannot enter into the said issues.

However, this Court is inclined to direct the Civil Court

to dispose of all the pending applications of the

judgment debtor mandatorily and positively within a

period of seven days from date of receipt of a copy of

this order.

No adjournment whatsoever shall be given to

any of the parties. Upon the Civil Court clarifying the

scope of the direction on the Bailiff to deliver

possession, the Officer-in-charge, Netaji Nagar Police

Station shall effect delivery of the property mandatorily

and positively within a period of 48 hours thereof.

The costs of police protection already deposited

shall be adjusted towards the same and any further

payment that may be raised by the police, may be paid

thereafter.

Netaji Nagar Police Station shall act on the basis

of a communication of the Civil Court's order by the

Counsel for either of the parties.

With the aforesaid directions, the instant writ

petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of

this order duly downloaded from the official website of

this Court.

(Rajasekhar Mantha, J.)