Single judge disposed of a writ petition concerning property disturbance. Noting a pending civil suit, the court restrained police from interfering with civil proceedings but ordered vigilance to prevent breach of peace.
Police instructed to keep vigil to prevent breach of peace without interfering with pending civil order.
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September 18, 2023 AD 13 Court No.14 SG
WPA 18744 of 2023
Sovan Das
vs State of West Bengal and others
Mr. Purnasish Gupta Mr. Jayanta Kumar Mukhopadhyay Ms. Sruti Dey
… for the petitioner
Mr. Somnath Ganguly Ms. Priyamvada Singh
Mr. Anit Dey
… for the respondent Nos.4 & 5
A further report filed by the State about the intimation given to the private respondents is taken on record.
A copy of an order passed in TS No.464/18 by the Civil Judge, Junior Division, 4th Court at Sealdah and a connected information slip, as filed by the private respondents, are also taken on record.
Learned advocate for the petitioner submits as follows. The petitioner is the owner of the property in question. The private respondents are disturbing his possession and trying to harass and intimidate him. A proceeding was initiated under Section 144 of the Code and a protection was given to the petitioner as the petitioner wanted to construct a boundary wall to protect the same property.
Learned advocate for the private respondents submits as follows. The private respondents are the
2
owners of the northern side of the property in question. The petitioner has suppressed the fact about a civil proceeding in the writ petition. The private respondents were granted an injunction in this regard.
It appears that a civil dispute is pending between the parties.
Either of the parties shall be at liberty to approach the civil court for appropriate relief.
However, the police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place and no order of a civil court is violated.
With these observations, the writ petition is disposed
of.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
2 issues framed by the court
Whether a civil dispute pending between parties precludes police intervention in a writ filing.
Whether the civil court has incidental jurisdiction to prevent breach of peace in a property dispute pending before it.
Sovan Das
State of West Bengal
SG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
