Smt Sabana Khatoon & ANR v. State Of West Bengal & ORS

77 22.03.2024 NB Ct. 14 WPA 2636 of 2020 Sabana Khatoon & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Soumik Ganguli, Mr. Dilip Kumar Sadhu, Mr. Aritra Sankar Roy.

...for the petitioners.

Mr. Asish Kumar Guha, Mr. Rajendra Chaturvedi.

...for the State.

Report filed on behalf of the State is taken on record. A copy of the same is handed over to the learned counsel for the petitioners.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners purchased the property in question from a relative of the private respondent. They are in possession of the same and want to repair portions of the property. However, the private respondents have been disturbing their possession and preventing the petitioners from undertaking any repair. The private respondents filed a civil suit where a order was granted to maintain status quo. Learned counsel appearing on behalf of the State relies on the report and submits that the dispute is purely civil in nature. A civil suit is pending between the private parties. It appears that a civil suit is pending and an order of status quo has been passed at the behest of the private respondents.

Therefore, if any of the parties wants to establish any further right in respect of the property, the same has to be done before a competent civil Court.

No further order need be passed in this regard. With these observations, the writ petition is disposed of, however, without any order as to costs.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)