Sl.73
30.09.2024
S. Gayen
ct.no.7
W.P.A. 22707 of 2024
Md. Ianustulla Mondal
Versus
State of West Bengal and Ors.
Mr. Robiul Islam
Mr. Raju Mondal
Mr. Masood Rahman
…for the petitioner.
Mr. Amal Kr. Sen, Ld. AGP
Mrs. Ashima Das (Sil)
…for the State Respondents.
Ms. Manali Biswas
Ms. Pritam Banerjee
…for the respondent Nos. 6 to 15.
The petitioner alleges that the private
respondents are carrying on construction work in the
property of the petitioner in violation of the order of
status quo passed by the learned Civil Judge (Senior
Division), 1st Court, Berhampore, Murshidabad in
Partition Suit No. 197/2023.
The learned advocate appearing for the
private respondents submits that they have not
violated the order of status quo.
The learned advocate appearing for the State
files a report of the Inspector-in-Charge, Domkal
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Police Station, Murshidabad District dated September
11, 2024, which is taken on record.
After going through the order dated 4th of
May, 2023 passed by the learned Civil Judge (Senior
Division), Berhampore, Murshidabad in the Partition
Suit No. 197/2023, this Court finds that the learned
Trial Judge directed the plaintiffs (petitioner herein)
and the defendant Nos. 1 to 10 to maintain status quo
with regard to the nature, character and possession
of the suit property and the defendants were also
restrained from making any construction on the suit
property till the next date. No documents have been
produced by the petitioner before this Court to show
the private respondents have started making
construction work in violation of the order of status
quo passed by the Civil Court. From the report of the
Inspector-in-Charge, Domkal Police Station dates
September 11, 2024, it appears that the police
authorities upon making an enquiry found that the
scheduled land is a totally vacant land and no
construction was found in the suit land. The said
report further states that police patrolling has been
geared up in that locality and sharp vigil has been
kept to avoid any untoward incident.
With the above observations and directions
the writ petition stands disposed of. In case the
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petitioner faces any disturbance in his peaceful
possession over the suit property, the petitioner is left
free to approach the proper forum for appropriate
reliefs in accordance with law.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order
be supplied to the parties, if applied for, as early as
possible.
(Hiranmay Bhattacharyya, J.)