Manwara Begam v. State Of West Bengal And ORS.

Ct.No.1 D/L 26.02.2026 Saikat Mukherjee FMA/261/2022 with IA NO: CAN/1/2022 MANWARA BEGAM VS.

STATE OF WEST BENGAL AND ORS.

Per, Sujoy Paul, CJ.:-

1. None for the parties even in the pass over round.

2. The challenge is to the order of dated 10th January, 2022, passed in WPA 16605 of 2021. The learned Single Judge noticed that the petitioner and private respondent are at loggerheads on the question of possession on the property in question. The learned Single Judge opined that this dispute falls within the realm of Civil Court jurisdiction to ascertain possession and passed appropriate order.

3. We are in agreement with the view taken by learned Single Judge. Learned Single Judge rightly kept it open to the parties to avail the remedy available to them under the law.

The order impugned does not require any

interference and accordingly, FMA 261 of 2022 is dismissed.

4. In view of the dismissal of the appeal, the pending interlocutory application is also dismissed.

5. Interim order (if any) stands thereby vacated.

(SUJOY PAUL, CJ.) (PARTHA SARATHI SEN, J.)