Foroj Ali Mallick & Ors vs State Of West Bengal & Ors

Debangsu Basak, J

The petitioners complain that, despite an order directing the parties, to the appeal, to maintain status quo with regard to the suit property as on

February 28, 2019, the private respondents are continuing with construction. The police are not taking steps on the complaint lodged. He submits that,

the petitioners filed an application under Section 151 of the Code of Civil Procedure, 1908 whereupon, the Court by an order dated April 8, 2019

directed the police to implement the order passed on February 28, 2019. Despite the same, the private respondents are continuing with construction.

He relies upon a bunch of photographs in support of his contentions.

Learned Advocate appearing for the State, on the basis of written instructions, submits that, the police have registered First Information Report being

Sonarpur P.S. Case no.565 of 2019 dated 13.07.2019 under Sections 341/323/188/34 of the Indian Penal Code and that, the investigation with regard

thereto is in progress.

Learned Advocate appearing for the private respondent submits that, his client is not making any construction. Only repair work is sought to be done.

There subsists an order dated February 28, 2019 directing the parties to the appeal to maintain status quo with regard to the property in question.

Assuming that, the private respondent herein is repairing the property in question, then also, the order of status quo dated February 28, 2019 requires

such private respondent to obtain a permission of the Court in seisin of the appeal to undertake such repair work. In my view, undertaking repair work

is also an act of violation of the order dated February 28, 2019.

The writ petition was filed on July 11, 2019. It is subsequent thereto that the First Information Report was lodged on July 13, 2019. Prior to that, there

is an order dated April 8, 2019 requiring the police to act in a particular manner.

In the facts of the present case, therefore, the Officer-in-Charge of the police station will depute a competent person at the locale and will take

photographs of the nature and extent of the construction and the so-called repair work. He will produce the photographs before the Court which in

seisin of the appeal. He will ensure that, the parties do not make any construction subsequent to the photographs taken, at the locale. The Officer-in-

Charge will take the photographs within 24 hours from the date of receipt of this order.

The private parties are at liberty to agitate their respective points before the appeal Court. This order will not be construed to mean that this Court

either validated the construction or the repair work or pronounced anything adverse with regard to such construction or repair work. The Court in

seisin of the appeal is at liberty to construe its own order, the action of the parties before it and pass appropriate orders in the appeal with regard

thereto.

WP No.12895(W) of 2019 is disposed of.

No order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.