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Calcutta High CourtWPA/3026/2022disposed

Arun Dutta v. The Sec. Govt. Of Wb And ORS.

2022-03-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.03.2022 Ct. No. 13 Sl.34 pk W.P.A No. 3026 of 2022 (Through Video Conference) Arun Dutta Vs.

The Secretary, Government of West Bengal and others (Through Video Conference) Mr. Sabyasachi Mukherjee, Mr. Bibek Dey ... for the Petitioner.

Mr. A. K. Guha, Mr. N. G. Dastidar ... for the State.

Mr. Asis Bhattacharyya, Mr. Biswajit Mitra ... for the respondent nos. 6 and 7.

The writ petitioner complains that the private respondents have blocked their water supply connection and has lodged a grievance before the Dum Dum Police Station regarding the same. The petitioner has also taken out proceeding under Section 144(2) of the Cr. P. C. but in vain.

The Officer-in-Charge, Dum Dum Police Station submits that there are disputes and differences between the petitioner and the private respondents and the same are civil in nature. The police have no role to play in the matter.

Counsel for the private respondents submits that the petitioner has not paid maintenance against

the said property. Admittedly the private respondents are the promoters of the said building and the petitioner is the original landlord.

There are issues with regard to payment of maintenance by the petitioner, which this Court cannot go into. The remedy of the petitioner lies before the appropriate civil forum.

The aforesaid order shall not prevent the private respondents and the petitioner to come to an agreement with regard to maintenance of the building and payment therein for common services.

In the event, disputes and differences between the petitioner and the private respondents arise or continue they may approach the civil court in accordance with law.

With the aforesaid observations, the writ petition shall stand disposed of.

There will be no order as to costs.

(Rajasekhar Mantha, J.)