Court directs Sankrail Police Station to implement Trial Court's interim order halting construction amidst ongoing partition suit
In a significant ruling on October 30, 2026, the Calcutta High Court, presided by Justice Rishad Medora, directed the Officer-in-Charge of Sankrail Police Station, Howrah, to ensure strict enforcement of a subsisting interim order that mandates maintaining the status quo on a disputed property in Howrah. The order comes in the backdrop of an ongoing partition suit filed by co-owners of the property seeking to halt unauthorized construction activities.
The petitioners, led by Ruma Chatterjee, approached the High Court through a writ petition (WPA 31480 of 2026) after alleging that despite a clear order from the learned 3rd Civil Judge (Senior Division), Howrah, dated January 28, 2026, construction work was continuing unabated on the suit property. The order had directed all parties to maintain the nature, character, and possession of the property pending the suit's resolution.
The dispute arose when one of the co-owners, respondent no. 29, allegedly authorized respondent no. 33 to develop and construct a building on the land without the consent of other co-owners. Upon discovery of this unilateral action, the petitioners initiated a partition suit (Title Suit No. 27 of 2026), which resulted in the interim status quo order. Subsequently, when construction activities were reported to continue, the trial court issued a further directive on October 6, 2026, instructing the local police to ensure compliance with the status quo order.
Despite these judicial directives, the petitioners claimed the police failed to act against the ongoing construction. The High Court considered an inquiry report submitted by the Sankrail Police Station on October 28, 2026, which asserted that the police were adhering to the court's order and dismissed the allegations of inaction as baseless.
After hearing submissions from both sides, the High Court found no substantial controversy requiring further adjudication. The Court emphasized that the police must implement the trial court's order faithfully and maintain the status quo in its "true spirit and purport." The writ petition was disposed of with a clear directive for the police authorities to enforce the order effectively.
The judgment highlights the judiciary's insistence on upholding interim civil court orders and the role of police in ensuring compliance, especially in property disputes where unauthorized construction can cause irreversible changes. The Court also clarified that since no opposition was called for the writ petition, the allegations made therein would be deemed not admitted by the respondents.
This ruling underscores the collaborative responsibility of civil courts and law enforcement agencies in protecting litigants' rights during the pendency of civil proceedings and maintaining legal sanctity over disputed properties.
Bottom Line:
Writ court directed police authority to ensure implementation of Trial Court's subsisting order directing maintenance of status quo in respect of suit property, where petitioners alleged continuing construction despite such order and subsequent police implementation order.
Statutory provision(s):
Constitution of India Article 226, Code of Civil Procedure, 1908 Section 151
Ruma Chatterjee v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 3007080
