Calcutta High Court (Appellete Side)
Sri Mantu Das & Ors vs The State Of West Bengal & Ors on 20 March, 2025
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
20.03.2025 W.P.A. 12331 of 2024
Item No.35
Ct. No.35
dc.
Sri Mantu Das & Ors.
versus
The State of West Bengal & Ors.
Mr. Purbangshu Chandra Mitra,
Mrs. Piyali Mitra,
Ms. Mahasweta Mukherjee,
Ms. Indira Malik ... For the Petitioners.
Mr. Animesh Paul,
Ms. Susmita Ghorai ... For the private Respondents.
The petitioners allege that after the order was passed on 27.09.2019 in Title Execution No. 1 of 2014 wherein the learned Civil Judge (Sr. Division), Basirhat, North 24-Parganas was pleased to direct the Basirhat P.S., S.D.O. of Basirhat for implementation of decree in T.S. 44/2006, till date the petitioners are unable to obtain possession.
Learned advocate appearing for the private respondents submits that there has been a civil case which has been instituted where there has been an ad interim injunction.
In view of the decree existing and direction passed upon the Basirhat Police Station to execute the same, I direct that without the said order dated 27.09.2019 being interfered with by any higher forum, the police authorities would respect, honour and implement the order passed by the learned Civil Judge (Sr. Division), Basirhat, North 24- Parganas as more than five years have passed since such direction was passed in the execution case. 2 The Superintendent of Police, Basirhat Police District would ensure that the local police authorities give respect to the order passed by the civil court.
With the aforesaid observations, the writ petition being WPA 12331 of 2024 is disposed of.
There will be no order as to costs.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)