Seikh Samiran Bibi v. State of West Bengal and Ors.
Case brief
What is this about?
Calcutta High Court Division Bench (Debangsu Basak & Md. Shabbar Rashidi, JJ.), MAT 922 of 2025 with CAN 1 of 2025, decided July 22, 2025. Appellant Seikh Samiran Bibi (writ petitioner) challenged the Single Judge's order dated May 1, 2025 in WPA 8255 of 2025 directing police to prevent breach of peace between private parties. Involves Title Suit No.137 of 2025 (pending partition suit) and the Civil Court's status quo order dated February 13, 2025 binding plaintiff and defendants 1 to 26; police cannot be asked to enforce a status quo that does not describe the parties' possession or the area occupied. Appeal dismissed without any order as to costs. Advocates: Souma Subhra Roy and Neelam Kumari (appellant); K.J. Yusuf, Ld. AGP, and Parikshit Goswami (State respondents); Kaushik Dey and Debdipto Banerjee (respondent nos.5 & 6).
What did the court decide?
The order dated February 13, 2025 of the learned Civil Court does not describe the status of the parties in the scheduled property; it does not specify the area of the property or part thereof in occupation of any of the parties to the suit. Therefore, requiring the police to maintain status quo vis-a-vis the parties to the suit and the property concerned, which is not described by the Civil Court, does not arise.