Calcutta High Court (Appellete Side)
Gurucharan Chakraborty vs State Of West Bengal & Ors on 26 December, 2024
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26.12.2024
Ct. No. 03
Jayanta
/AMR
WPA 1478 of 2024
Gurucharan Chakraborty
Vs.
State of West Bengal & Ors.
Mr. Palash Bapari
.....For the Petitioner.
Affidavit-of-service filed on behalf of the petitioner
today be kept with the record.
This application is filed under Article 226 of the
Constitution of India challenging the impugned order
dated 29th August, 2023.
By passing the impugned order learned Trial Judge
directed the parties to maintain status quo in respect of
the suit property.
It appears that a suit was instituted by the plaintiff
with a prayer for declaration and permanent injunction
against the private respondent nos. 4 to 9. Subsequent
to filing of the suit an application under Order XXXIX
Rule 1 and 2 of the Code of Civil Procedure was taken
out at the behest of the plaintiff/petitioner and the said
application for injunction was disposed of by passing
the impugned order. It is further said that the private
respondents No(s). 4 to 9 despite there being an order of
injunction passed by the Trial Court started
construction upon the property of the petitioner. The
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present application is filed seeking direction upon the
Police authorities to stop such construction and to take
necessary steps to secure the lives, liberty and property
of the petitioner and also the other partners of the
petitioner from clutches of the private respondents.
The said interim order was passed ex parte by the
learned Trial Judge and the defendants did not get the
opportunity to contest the said application.
On the strength of an application filed by the
petitioner under Order XXXIX Rule 7 of the Code of
Civil Procedure a Commissioner was appointed for
holding local inspection with a direction to submit the
report.
Considering the enter materials placed before me
and after going through the impugned order I find that
there is no such urgency to pass any interim order in
respect of the prayer made by the petitioner.
Let the matter appear before the regular bench one
week after reopening of the Court following Christmas
vacation.
(Prasenjit Biswas, J.)