Santa Mahalanabish Vs the State of West Bengtal and Ors. — Calcutta HC (2026) — LawSathi Research

Santa Mahalanabish Vs the State of West Bengtal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Officer in Charge, Nagerbazar Police Station to keep necessary vigil in the area to ensure the trial Court's injunction order is not violated by the private respondent; petitioner left at liberty to take necessary steps in accordance with law in the event of violation; no order as to costs.

Issue for consideration

Whether the Officer in Charge, Nagerbazar Police Station should be directed to ensure compliance with the injunction order granted by the learned trial Court in Title Suit No. 151 of 2020, given the police authority's non-implementation of the order and the private respondent's continued construction by encroachment.

Court's answer

Since the civil Court of competent jurisdiction has granted an order of injunction restraining the private respondent from raising any construction in the B Schedule property by encroaching upon the C Schedule property, the Officer in Charge, Nagerbazar Police Station (3rd respondent) shall keep necessary vigil in the area to ensure that the said order is not violated by the private respondent.

Ratio / Principle

In the event of violation of the injunction order by the private respondent, the petitioner shall be at liberty to take necessary steps in accordance with law.

Detailed headnote1 paragraphs

Writ petition (WPA No. 9585 of 2025, order dated 09.02.2026) disposed of. The petitioner had obtained an ad interim injunction, later made absolute, from the learned trial Court in Title Suit No. 151 of 2020 restraining the private respondent from making further construction on the B Schedule property by encroaching upon the C Schedule property; an application seeking implementation of the order was also allowed, yet the police authority did not implement it and construction continued. Holding that a civil Court of competent jurisdiction had granted the injunction, the Court directed the Officer in Charge, Nagerbazar Police Station (3rd respondent) to keep necessary vigil in the area to ensure the injunction is not violated; on any violation the petitioner may take steps in accordance with law. No order as to costs; no affidavit invited, so the allegations in the writ petition are deemed not admitted.

09.02.2026 rc/ct.no.05 Item No.06

WPA No. 9585 of 2025 Santa Mahalanabish Versus The State of West Bengal & Ors.

Mr. Kushal Chatterjee Mr. Imdodul Hoque Mr. Oisaik Chatterjee ..for the Petitioner Mr. Amal Kumar Sen Mrs. Ashima Das (Sil) …for the State

Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

None appears for the private respondent despite service.

Learned counsel for the petitioner submits that the petitioner was granted an order of ad interim injunction by the learned trial Court in Title Suit No. 151 of 2020 restraining the private respondent from making any further construction in the B Schedule property by encroaching upon the C Schedule property of the suit. The said order was made absolute subsequently. An application filed by the petitioner seeking implementation of the order was also allowed by the learned trial Court despite which the police authority has not implemented the said order and the private respondent is continuing to raise construction

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by encroaching upon the C Schedule property in violation of the order of injunction.

Upon consideration of the submission made on behalf of the parties this Court is inclined to hold that since the civil Court of competent jurisdiction has granted an order of injunction restraining the private respondent from raising any construction in the B Schedule property by encroaching upon the C Schedule property the Officer in Charge, Nagerbazar Police Station, being the 3^rd respondent herein, shall keep necessary vigil in the area in order to ensure that the said order is not violated by the private respondent.

In the event of violation of the said order by the private respondent, the petitioner shall be at liberty to take necessary steps, in accordance with law.

The writ petition is accordingly disposed of.

There shall, however, be no order as to costs.

Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

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