RUSTOM KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal the writ petitioner has challenged the interlocutory order dtd. 25/10/2021 passed by the learned Single Judge in WPA 14422 of 2021 whereby learned Single Judge has expressed that prayer for ad interim order of injunction cannot be decided without exchange of affidavits.

(2.) The submission of learned Counsel for the appellant is that he is already having a decree of permanent injunction in the civil suit and that the execution proceedings are pending thereof in the meanwhile the appellant should be allowed to access the land in dispute because the crop is at the harvesting stage. He has submitted that instead of taking action to protect the appellant, the police has initiated proceedings against him by issuing show cause notice dtd. 29/9/2021.

(3.) Learned Counsel for the respondents has opposed the appeal and has submitted that the interlocutory order under challenge is not in the nature of judgment, therefore, the appeal is not maintainable and that the appellant cannot resort to the writ remedy after already availing execution remedy.