Disposed¶15

Masud Sk. v. the State of West Bengal and Ors.

Calcutta HC11 Nov 2024WPA/25035/2024

Case brief

AI extract

What is this about?

W.P.A. 25035 of 2024; writ petition disposed; civil dispute over construction on un-partitioned property; police non-interference; liberty to approach jurisdictional civil court for appropriate relief; police bound to respect and obey civil court orders; partition suit case No. 31/2021 dismissed; obstruction by private respondents 9 and 10; no costs; Tirthankar Ghosh, J.; decision dated 11.11.2024.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to approach the jurisdictional court for appropriate relief; police authorities directed to respect and obey any order passed by the jurisdictional court; no order as to costs. ¶15

Masud Sk. Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

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11.11.2024 Item No.11 Ct. No.35 dc.

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W.P.A. 25035 of 2024

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Masud Sk.

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versus The State of West Bengal & Ors.

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Mr. Gourav Das, Md. Ashraful Huq ... For the Petitioner.

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Mr. K. J. Yusuf, Ms. Rupsha Chakraborty … For the State.

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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 is aggrieved by the fact that his construction work is being hindered by the private respondent nos. 9 and 10. To that effect, learned advocate for the petitioner submits that earlier the petitioner approached this Court when a coordinate Bench was pleased to observe that since a partition suit being case No. 31/2021 was pending, the petitioner would be at liberty to approach the said court for appropriate relief. According to the petitioner, the said case No. 31/2021 has been dismissed.

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Learned advocate for the State has submitted a report which reflects that the dispute is absolutely civil in nature and as such, the police authorities have no power to interfere with the

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same. It is further submitted on behalf of the State that in an un-partition property, the petitioner is trying to construct a dwelling house and for the said purpose, there has been a dispute and difference with the private respondents.

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Be that as it may, the petitioner would be at liberty to approach the jurisdictional court with a prayer for appropriate relief. In case the jurisdictional court passes any order, the police authorities would respect and obey the same.

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With the aforesaid observations, the writ petition being WPA 25035 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.)

Masud Sk. v. the State of West Bengal and Ors.

Case brief

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Masud Sk. v. the State of West Bengal and Ors.

Case brief

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