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Calcutta High CourtFMA/368/2026disposed

Lili Roy v. The State Of West Bengal And ORS

2026-03-11Hon'Ble Chief Justice Sujoy Paul,Hon'Ble Justice Partha Sarathi Sen3 pages

March 11, 2026 Sl. No.14 Court No.1 s.biswas FMA 368 of 2026 With CAN 1 of 2026 Lili Roy vs.

The State of West Bengal and others Mr. Chittapriya Ghosh Mr. Sandipan Pal Mr. Niladri Mondal Ms. Satabdi Singha ... for the appellant Mr. Jahar Lal De Ms. Debarati Sen (Bose) ... for the State Per, Sujoy Paul, C.J.

1. Mr. Chittapriya Ghosh, learned counsel for the appellant and Mr. Jahar Lal De, learned counsel for the State, are heard.

2. The appellant has challenged the order dated 03.02.2026 passed by learned Single Judge in WPA 18304 of 2024. The grievance of the appellant/petitioner was that the private respondent has installed CCTV camera in a way which tinkers with the privacy of the present appellant.

Learned Single Judge after obtaining report, dismissed the writ petition on merit.

3. In the considered opinion of this court, whether or not installation of CCTV is tinkering with the freedom and privacy of the appellant is a disputed question of fact, which cannot be gone into in a writ petition. Accordingly, in our opinion, writ petition itself was not maintainable. Thus any finding given by learned Single Judge will also not bind the parties. Liberty is reserved to the appellant to approach the appropriate forum for his grievances. It is made clear that in that event, the said forum shall decide the matter on its own merits and no finding of impugned order will come in the way of the appellant.

4. With the aforesaid and without expressing any opinion on merits, this intra-court appeal is disposed of.

The pending interlocutory application being CAN 1 of 2026 is also disposed of.

5. It is informed that respondent no.5 is no more and therefore his name may be permitted to be deleted.

6. The prayer is allowed. The appellant shall do the needful during the course of the day.

(Sujoy Paul, C.J.) (Partha Sarathi Sen, J.)