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Calcutta High CourtWPA/3975/2025disposed

Central Warehousing Corporation v. The State Of West Bengal And ORS.

2025-03-03Hon'Ble Justice Tirthankar Ghosh3 pages

W.P.A. 3975 of 2025 Central Warehousing Corporation.

VS The State of West Bengal & Ors.

Mr. Samrat Chowdhury, Ms. Paroma Sengupta.

... for the Petitioner.

Mr. Siddhartha Banerjee, Mr. Rajnish Kumar Kalawatia, Ms. Muskan Sharma.

... for the respondent no.5.

Mr. Suman Ghosh, Mr. Arka Mondal.

... for the State.

Affidavit-of-service filed by the petitioner be kept 03.03.2025 Court No. 35 Item No.40 Rakib with the record.

Learned advocate appearing for the petitioner submits that the police authorities are not rendering assistance for executing order passed by the Estate Officer in connection with Case no. 02/2019. To that effect learned advocate appearing for the petitioner refers to a communication made by the General Manager (B), Central Warehousing Corporation to the Officer-inCharge, North Port Police Station. The Estate Officer, however, did not direct the North Port Police Station to act in any particular manner. In case the Estate Officer passes any direction the police authorities would consider the same until and unless the said order is modified, varied and stayed by a Higher Forum.

Learned advocate for the private respondent submits that Miscellaneous Application is pending before the learned 10th Bench, City Civil Court at Calcutta. In case any direction is passed by the appellate forum the police authorities on communication would stay away their hands from the Estate Officer's order.

Records reflect that the next date has been fixed on 23rd of May, 2025, in case an application for preponing the date is filed at the behest of the private respondent, learned 10th Bench, City Civil Court at Calcutta would consider the same as it has been claimed by the private respondent that for fault or absence of the learned advocate the litigant should not suffer.

Needless to state that since no affidavits have been called for the allegations and/or accusations made in the writ petition is deemed not to have been admitted. In view of the aforesaid observations the petitioner will not be restrained as directed above from making necessary communication to the police authorities. Accordingly, WPA 3975 of 2025 is disposed of. Report submitted by the State be kept with the record.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)