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Calcutta High CourtWPA/1674/2025disposed

Eastern Conduit Works Private Limited And ANR v. The State Of West Bengal And ORS.

2025-04-23Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 34 23.04.2025 Bpg.

ct.no.35 W.P.A.1674 of 2025 Eastern Conduit Works Pvt. Ltd. & Anr.

Versus

The State of West Bengal & Ors.

Ms. Krishnakali Swar Mr. Prasun Chatterjee.

...for the petitioners.

Mr. K.J. Yusuf Mr. Nilotpal Chatterjee Mr. Debapriya Chatterjee Mr. Sanjay Mukherjee.

...for the State-respondents.

Mr. Bratin Kumar Dey Mr. Jaydeep Das.

...for the respondent nos. 6 & 7.

Mr. Yusuf, learned Additional Government Pleader appearing for the State submits that the respondent no.2, Home Secretary at the relevant point of time by name has been made a party. His name appearing as respondent no.2 in personal capacity be deemed to be deleted.

Petitioners approached this Court being aggrieved by the inaction of the police authorities. Earlier, a report was submitted and a clarification was sought for in respect of the criminal case which has been registered. Report reflects that in connection with Shyampukur Police Station Case

No.115 dated 07.12.2023 charge-sheet has been submitted. The case has been transferred to the learned Judicial Magistrate, 5th Court, Calcutta and the last date was fixed on 28.03.2025.

Learned advocate for the petitioners insists that since the goods are lying at the godown and the godown has been affixed with the padlock, the same may be made available to the petitioners for operation of the business activity.

The earlier report reflected that Title Suit No.15 of 2024 is pending before the learned 10th Bench, City Civil Court, Calcutta.

In view of the civil court already in seisin of the case in respect of operation of the godown where the goods of the petitioners as is claimed is lying, if any application is taken out by the petitioners in connection with the said suit, the learned civil court will put in efforts so that within a period of 30 days such application is disposed of by the civil court. Learned advocate appearing for the respondent nos.6 and 7 is present and denies and disputes the contentions advanced on behalf of the petitioners as well as the facts narrated in the writ petition.

With the aforesaid observations, WPA 1674 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing on behalf of the petitioners as well as the respondent nos.6 and 7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)