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Calcutta High CourtWPA/4634/2022dismissed as not pressed

Ansar Ali Mondal v. The State Of West Bengal And ORS.

2022-03-29Hon'Ble Justice Rajasekhar Mantha2 pages

29.03.2022 Court No.13 Item No.24 AP WPA 4634 of 2022 Ansar Ali Mondal Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Kamalesh Chandra Saha ... For the petitioner.

Mr. Pantu Deb Roy Mr. Subrata Guha Biswas ... For the State.

The writ petitioner prays for an order of injunction restraining alleged illegal construction being made by private respondents. Admittedly there is civil suit pending between the parties being T.S. No.436 of 2021, pending before the learned Civil Judge (Senior Division), 1st Court, Barasat. The petitioner has also complained that when his family members went to stop the illegal construction, they were manhandled. The petitioner's remedies are admittedly before a Civil Court and the same have been availed.

This Court sees absolutely no urgency whatsoever in this matter being mentioned for upgradation.

The writ petition shall stand dismissed, with costs assessed at Rs.5,100/- payable by the writ petitioner to the Deganga Police Station.

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

(Rajasekhar Mantha, J.) LATER After the order was dictated, counsel for the petitioner submits that his client wishes to withdraw the writ petition.

Hence, the writ petition is dismissed as not pressed. However, costs assessed at Rs.5,100/- shall be payable by the writ petitioner to the Deganga Police Station.

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

(Rajasekhar Mantha, J.)