Authority: Durgapur Court (Presiding Judge Saugata Bhattacharyya, J.)
Order Date: 3 September 2026
Case Overview
- Petitioners: Durgapur Real Estate Private Limited and another party, represented by advocates Kaushik De and Amajit De, seeking a mandamus directing the police to register an FIR and provide protection for construction of phase‑4 and phase‑5 of a housing project.
- Respondents: State of West Bengal and private respondents (flat owners of phases 1‑3), represented by advocates Jayita Dhar Chakraborty, Koushikee Banerjee, and Indranuj Datta.
- Background: Flat owners filed Title Suit No. 77 of 2026, obtaining an ex parte ad interim injunction on 23 March 2026 restraining petitioners from entering the suit property or using common areas. The civil court vacated this injunction on 7 April 2026 on technical grounds (non‑compliance with Order 39 Rule 3(a)(iii)). A fresh injunction application was heard on 31 August 2026.
- Petitioners argued that with the injunction vacated, police should assist them to resume construction; respondents contended the vacated injunction was technical and another injunction pending, making police direction premature.
Final Outcome
- The court declined to interfere with the writ petition and dismissed it, noting that issuing police directions at this stage could render the pending civil proceedings infructuous.
- The order does not preclude petitioners from approaching the civil court for appropriate relief.
- Parties are directed to act on the server copy of this order downloaded from the official website of the court.
Topics: Court Order, Real Estate Litigation, Police Assistance