Ashmat Jahan v. State Of West Bengal And ORS.

11.04.2022.

Court No.13 Item No. 28 ap W.P.A. No. 4243 of 2022 Ashmat Jahan

Versus

The State of West Bengal & Ors.

Mr. Sounak Ghosh, Md. Hossain.

...For the petitioner.

Mr. Mir Anuruzzaman.

...For the respondent nos.6, 7 & 8.

Affidavit-of-service filed in Court today be taken on record.

The writ petitioner is aggrieved that the private respondents are interrupting the water supply connection to his premises.

Counsel for the private respondents denies the same and submits that Title Suit No. 1774 of 2018 for eviction of the writ petitioner has been filed by the respondent no.7, which is now pending before the learned 3rd Civil Judge (Junior Division) at Alipore. In that view of the matter, the petitioner may raise the aforesaid grievances in the pending Civil Suit since the private respondents/plaintiffs submits that the petitioner is a rank trespasser.

It is made clear that this Court has not entered into any of the rival claims and counterclaims made by the parties and the Civil Court will decide the matter uninfluenced by any of the observations made in this writ petition.

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

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)