Clarification on Enforcement of High Court Order - Police inaction Writ
I have received the following order from the Hon’ble High Court: ''Learned advocate for the petitioner is aggrieved by the fact that in spite of informing the police authorities no steps have been taken. Petitioner claims that the private respondents are interfering with the peaceful enjoyment and possession of the petitioner in respect of the property. State has submitted a report. Report reflects that proceedings were drawn up at the relevant point of time under section 107 of the Cr.P.C. A title suit being TS 111/2024 is pending before the learned Civil Judge (Senior Division), Chanchal, Malda against the present petitioner. In view of the civil court already in seisin of the issue, I direct that any inconvenience faced by the petitioner be brought to the notice of the civil court. Police authorities would only oversee that there is no violation of law and order. With the aforesaid observations WPA 2239 of 2025 is disposed of. Report submitted be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court." I am in peaceful possession of my land. There is no stay order against me. I also have an SDM restraining order directing the opposite party not to interfere with my land. My question: In these circumstances, can I continue my construction work, and if the opposite party obstructs, can the police restrain them and help me, based on the High Court’s order to maintain law and order? Please advise on the legal position and the practical steps I should take. Thank you.
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