Disposed¶14

Arshiara Begum and Anr. v. the State of West Bengal and Ors.

Calcutta HC14 Nov 2024WPA/23570/2024

Case brief

AI extract

What is this about?

Illegal construction; civil court injunction/restraint order; Title Suit No. 78 of 2024; Civil Judge (Sr. Divn.), 2nd Additional Court, Burdwan; writ court declines interference as civil court in seisin; liberty to seek police protection from civil court; Officer-in-Charge, Burdwan Sadar Police Station to obey civil court order; police strict vigil; prevention of breach of peace and tranquility; allegations deemed denied (no affidavits); writ petition disposed of; no costs.

What did the court decide?

Petitioners left free to approach the jurisdictional civil court for orders of police protection; Officer-in-Charge, Burdwan Sadar Police Station directed to respect and obey any such order; police to keep strict vigil against breach of peace at the suit locale; no order as to costs. ¶14

Arshiara Begum and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the writ court should interfere where the petitioners allege that private respondents are continuing illegal construction on the suit property despite an order of the civil court restraining change of its nature, character and possession.

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Court's answer

Since the civil court is in seisin of the matter, the petitioners would be at liberty to approach the jurisdictional civil court for appropriate orders for police protection.

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Ratio / Principle

If the civil court passes such a direction for police protection, the police authorities, i.e., the Officer-in-Charge, Burdwan Sadar Police Station, would respect and obey the said order.

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Key takeaways

In the meantime, the police are directed to keep a strict vigil and ensure that no breach of peace and tranquility takes place at the locale arising out of the subject-matter of the suit between the petitioners and the private respondents.ratio¶10
As no affidavits were called for, the accusations and/or allegations made against the respective respondents in the writ petition are deemed to be denied.obiter¶13

Detailed headnote1 paragraphs

W.P.A. 23570 of 2024, decided 14.11.2024 by Tirthankar Ghosh, J.: Petitioners (Arshiara Begum & Anr.) complained that private respondents (Respondent Nos. 9, 12 & 13) were continuing illegal construction on the suit property despite an order in Title Suit No. 78 of 2024 passed by the learned Civil Judge (Sr. Divn.), 2nd Additional Court, Burdwan, restraining change of the nature, character and possession of the property (paras 9-10). Finding the civil court in seisin of the matter, the writ court declined direct interference and disposed of the petition: petitioners were declared at liberty to approach the jurisdictional civil court for appropriate orders of police protection; the Officer-in-Charge, Burdwan Sadar Police Station was to respect and obey any such order; and, meanwhile, police were directed to keep strict vigil so that no breach of peace and tranquility occurs at the locale (para 10). As no affidavits had been called for, allegations against the respondents stood deemed denied (para 13). No order as to costs (para 15).

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14.11.2024 Item No.31 Ct. No.35 dc.

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W.P.A. 23570 of 2024

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Arshiara Begum & Anr.

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versus

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The State of West Bengal & Ors.

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Mr. Soumik Ganguli ... For the Petitioners.

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Mr. Wasim Ahmed, Mr. Shehabuddin … For the State.

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Ms. Malabika Roy Dey, Mr. Uttiya Roy ... For the Respondent Nos. 9, 12 & 13.

¶9

Petitioners are aggrieved by the fact that in spite of an order passed in Title Suit No. 78 of 2024 by the learned Civil Judge (Sr. Divn.), 2^nd Additional Court, Burdwan directing for not changing the nature, character and possession over the suit property, the private respondents have been continuing their illegal construction. Learned advocate for the petitioners prays for interference.

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However, I find that since the civil court is in seisin of the matter, the petitioners would be at liberty to approach the jurisdictional civil court for appropriate orders for police protection. In case such a direction is passed by the civil court, the police authorities being the Officer-in-Charge, Burdwan Sadar Police Station would respect and obey the said order. In the meantime, the police would keep a strict vigil and ensure that no breach of peace and tranquility takes place at the locale arising out of the subject-matter of the suit between the petitioners and the private respondents.

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¶12

Learned advocates for the State and the private respondent nos. 9, 12 and 13 are present.

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As no affidavits have been called for, the accusations and/or allegations made against the respective respondents in the writ petition are deemed to be denied.

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With the aforesaid observations, the writ petition being WPA 23570 of 2024 is disposed of.

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There shall be no order as to costs.

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All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Arshiara Begum and Anr. v. the State of West Bengal and Ors.

Case brief

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What did the court decide?

Arshiara Begum and Anr. v. the State of West Bengal and Ors.

Case brief

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What the court decided

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