Calcutta HC Directs Police To Enforce Status-Quo Order Amid Alleged Construction On Co-Owned Howrah Land

The petitioners and respondent nos. 5–32 were co-owners of land in Howrah. After respondent no. 29 authorised respondent no. 33 to develop the property, the petitioners filed a partition suit.

The trial court directed the parties to maintain status quo regarding the property’s nature, character and possession; that order remained in force.

Respondent no. 33 was later added as a party to the suit, and the petitioners alleged that construction continued in breach of the status quo order.

On an application under Section 151 of the Code of Civil Procedure, 1908, the trial court directed the Officer-in-Charge of Sankrail Police Station to ensure implementation of the status quo order in accordance with law.

Alleging continued construction and police inaction, the petitioners sought relief under Article 226; the State disputed the allegation and submitted an inquiry report.

The court identified the trial court’s direction under Section 151 of the Code of Civil Procedure, 1908, requiring the Officer-in-Charge to ensure that the existing status quo order was implemented in accordance with law.

The judgment states no further statutory test, legal doctrine, or precedent governing the High Court’s decision.

The court considered the parties’ submissions and the materials on record, including the police inquiry report, and found no significant controversy requiring further determination.

It therefore directed respondent no. 4 to ensure proper implementation, in accordance with law, of the trial court’s order dated 6 October 2026.

The court did not determine whether construction had in fact breached the status quo order; it also clarified that the allegations in the writ petition were not deemed admitted merely because no opposition had been called for.

No further order was made, and there was no order as to costs.