The Calcutta High Court has held that authorities must ensure proper implementation of a subsisting civil court order directing parties to maintain status quo over a disputed property.

Justice Rishad Medora directed the concerned police authority to ensure proper implementation of an October 6, 2026 order passed by the 3rd Civil Judge (Senior Division), Howrah, which had directed the parties to a pending partition suit to comply with an earlier status quo order concerning the nature, character and possession of the disputed property.

The direction came on a writ petition filed by Ruma Chatterjee and others, alleging that construction work was continuing on the disputed property despite the subsistence of the status quo order and a subsequent direction by the civil court to the police to ensure its implementation.

The petitioners and respondents 5 to 32 are co-owners of a plot of land in Howrah. According to the petitioners, respondent no. 29 had unilaterally authorised respondent no. 33 to develop the property and construct a building on it. The petitioners subsequently instituted a partition suit before the 3rd Civil Judge (Senior Division), Howrah.

On January 28, 2026, the civil court directed the parties to maintain status quo with regard to the nature, character and possession of the suit property. The interim order continued to remain in force.

The petitioners alleged that construction activities nevertheless continued at the site. In support of their contention, they relied on a report dated September 30, 2026, submitted by a court-appointed commissioner before the trial court.

The petitioners thereafter filed an application under Section 151 of the Code of Civil Procedure, 1908, before the civil court. By an order dated October 6, 2026, the trial court directed the Officer-in-Charge of Sankrail Police Station, Howrah, to ensure that the subsisting status quo order was properly implemented at the suit property in accordance with its true spirit and purport, and that neither party violated it.

However, the petitioners claimed that despite bringing the October 6 order to the police authorities' attention, construction work continued and the police failed to take any action. They accordingly approached the High Court seeking enforcement of the trial court's direction.

Opposing the allegations, the State produced an inquiry report dated October 28, 2026, prepared by the Inspector-in-Charge of Sankrail Police Station. The State submitted that the police authorities were duly complying with the trial court's October 6 order and that there had been no inaction or wrongdoing on their part.

After considering the materials on record and hearing the parties, the High Court disposed of the writ petition by directing the concerned police authority to ensure that the October 6 order passed by the 3rd Civil Judge (Senior Division), Howrah, was properly implemented in accordance with law.

Case Title: Ruma Chatterjee & Ors. v. State of West Bengal & Ors.

Case Number: WPA 31480 of 2026