Disposed¶15

Md. Mahmood Alam v. State of West Bengal and Ors.

Calcutta HC14 Nov 2024WPA/23893/2024

Case brief

AI extract

What is this about?

Md. Mahmood Alam v. The State of West Bengal & Ors., W.P.A. 23893 of 2024, decided 14.11.2024 by Tirthankar Ghosh, J. (single Judge). Alleged illegal construction despite status quo order in S.A. No. 142 of 2005; information furnished on 08.09.2024 to Officer-in-Charge, Dalkhola Police Station; State report on police steps; writ court held it cannot pass directions in disputes arising out of civil proceedings and relegated petitioner to the civil court; police directed to keep strict vigil against breach of peace; petition disposed of, no costs.

What did the court decide?

Writ petition disposed of with a direction to the Officer-in-Charge, Dalkhola Police Station to keep strict vigil and ensure no breach of peace and/or tranquility and/or untoward incident at the behest of either party; no order as to costs. ¶15

Md. Mahmood Alam Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

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14.11.2024 Item No.34 Ct. No.35 dc.

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W.P.A. 23893 of 2024

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Md. Mahmood Alam

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versus The State of West Bengal & Ors.

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Mr. Mujibar Ali Naskar, Md. Habibur Rahman ... For the Petitioner. Ms. Jhuma Chakraborty, Ms. Rupsha Chakraborty … For the State. Mr. Upendra Roy, Ms. Kanchan Roy ... For the Respondent Nos. 4 to 8.

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Affidavit-of-service filed in Court today be

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kept with the record.

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Report submitted by the learned advocate appearing for the State be also kept with the record. A copy of the report be handed over to the learned advocate appearing for the petitioner.

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The petitioner submits that a status quo order has been passed in S.A. No. 142 of 2005. In spite of the same, illegal construction is being proceeded with at the behest of the private respondents.

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State has submitted a report. Steps have been taken by the police authorities in consonance with their powers.

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Learned advocate appearing for the private respondent nos. 4 to 8 opposes the contentions advanced by the learned advocate appearing for the petitioner. It is also submitted on behalf of the private respondents that so far as the information furnished on 08.09.2024 to the Officer-in-Charge,

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Dalkhola Police Station, prima facie , no substance exists in the same.

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Learned advocate for the petitioner has submitted that a status quo order has been passed in S.A. 142 of 2005. The petitioner would approach the same court, if there has been violation of the said order. So far as this Court is concerned, no direction can be passed in disputes arising out of civil proceedings. However, the Officer-in-Charge, Dalkhola Police Station is directed to keep a strict vigil and to ensure that no breach of peace and/or tranquility and/or any untoward incident take place at the behest of either of the parties.

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With the aforesaid observations, the writ petition being WPA 23893 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.)

Md. Mahmood Alam v. State of West Bengal and Ors.

Case brief

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Md. Mahmood Alam v. State of West Bengal and Ors.

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