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Calcutta High Court (Appellete Side)

Sri Santosh Kumar Agarwalla & Anr vs The State Of West Bengal & Ors on 1 March, 2017

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

                                      1


01.03.2017
  s.das
    491
                              W.P. 4431(W) of 2017

                          Sri Santosh Kumar Agarwal @
                      Sri Santosh Kumar Agarwalla & Anr.
                                       Vs.
                        The State of West Bengal & Ors.


      Mr. Nabankur Paul
                    ..... for the petitioners

      Md. Yasin Ali,
      Ms. Tapati Samanta
                     .... for the State
      Mr. Sayan De,
      Mr. Ritesh Pal
                     ...... for the respondents no. 8 & 9

Let affidavit-of-service filed in Court today be kept with record. It is submitted by the learned Counsel appearing for the petitioners that a dispute cropped up over the action of the private respondents to construct a temple and perform Durga Puja on the land of the petitioner. A civil suit had been instituted by and between the parties being Title Suit No. 211 of 2014 (T.S. No. 3216 of 2014) wherein an order of status quo had been passed. It is further submitted that notwithstanding such order of status quo private respondents indulged in such wrongful activities and threatened the petitioners with dire consequences.

Learned Counsel appearing for the private respondents no. 8 and 9 submits that they have not violated the order of injunction passed by the Civil Court. On the other hand, petitioners are seeking to circumvent 2 such order by constructing a boundary wall around the property. It is also submitted that they have been carrying on Durga Puja on the land for a considerable period of time.

Learned Counsel appearing for the State submits report which is kept with record. It appears from the report that a criminal case being NJP Police Station Case No. 38 of 2016 dated 04.10.2016 under Section 188 of the Indian Penal Code was registered against the private respondents and that police authorities have not allowed any unauthorized structure on the land in question.

In view of rival submissions of the learned Counsels appearing for the respective parties, I observe that any allegation of breach of order of injunction passed by the Civil Court may be remedied by approaching the said Court seeking due implementation of such order in accordance with law.

I direct that the criminal case registered against the private respondents shall be continued in accordance with law and taken to its logical conclusion.

I further direct clarify that no Durga Puja or any other celebration on the land in question may be undertaken by the private respondents save and except upon obtaining consent from the petitioner or pursuant to any lawful order passed by the Civil Court which is in seisin of the matter in accordance with law.

With the aforesaid observation and direction, the writ petition is disposed of.

Since no affidavit-in-opposition has been called for, the allegations made in the writ application are deemed not to have been admitted by the respondents.

There will be no order as to costs.

Photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Joymalya Bagchi, J.)