Hazi Shamsher Rahman Zamadar vs The State Of West Bengal & Others
2023 Latest Caselaw 1937 Cal

23.03.2023
Item No.9
Court No.13.
  AB
                                WPA No. 5736 of 2023

                          Hazi Shamsher Rahman Zamadar
                                        Vs
                         The State of West Bengal & Others

                       Mr. Abhishek Halder,
                       Mr. Swadesh Misra,
                       Ms. Madhurima Basu ...for the Petitioner.

                       Mr. Amitesh Banerjee,
                       Mr. Suddhadev Adak       ......for the State.

                       Md. Mahmud,
                       Mr. Fasiur Rahman Molla,
                       Mr. Afreen Nahar Mondal
                                            ....for the Respondent

Nos. 6 to 12.

The petitioner is aggrieved by the inaction of the

Domjur Police Station. The petitioner claims exclusive

right, title and interest in a particular property, which

is the subject matter of Title Suit No.962 of 2021. The

prayer for interim injunction made before the learned

Civil Judge (Junior Division), 4 th Court, Howrah has

been declined. The petitioner carried the matter in

appeal before the learned Additional District Judge, 3 rd

Fast Track Court, Howrah in Misc. Appeal No.58 of

2022. By a very detailed judgment and order dated

22.12.2022, the Additional District Judge has ordered

temporary injunction restraining the private

respondents/defendants in the suit from causing

interference and/or disturbing the peaceful possession

and enjoyment of the plaintiff over the suit property.

By a further order dated 7.2.2023, the Officer in

Charge, Domjur Police Station was directed to see that

the order of injunction passed on 22.12.2022 as

confirmed subsequently is not violated.

The Counsel for the private respondents submits

that they have challenged the order of the lower

appellate court in an application under Article 227 of

the Constitution of India being C.O. No.385 of 2023.

In the above circumstances, this Court directs

the Officer in Charge, Domjur Police Station to strictly

comply with the order of the Additional District Judge

dated 22.12.2022 as confirmed on 13.1.2023.

The Domjur Police Station shall post a police

picket comprising of three constables at the cost and

expense of the petitioner. The cost for deploying such

constables for a period of two months from date shall

be communicated to the petitioner.

The aforesaid order shall abide by any order that

will be passed by this Court in the aforesaid C. O.

No.385 of 2023.

WPA No.5736 of 2023 stands, accordingly,

disposed of.

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.)