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Calcutta High CourtWPA/4923/2022dismissed

Puja Mal And ANR v. State Of West Bengal And ORS.

2022-03-28Hon'Ble Justice Rajasekhar Mantha2 pages

28.03.2022 Court No.13 Item No.26 AP WPA 4923 of 2022 Puja Mal and Anr.

Vs.

State of West Bengal and Ors.

(Through Video Conference) Mr. Dibyendu Chatterjee Ms. Piyali Paul ... For the Petitioners.

Mr. Ansar Mondal Mr. S. Bhattacharya Mr. S. Datta Mr. D. Sarkar ... For the State.

Mr. Arindam Sadhukhan Ms. Fatima Hassan ... For the private respondent No.5.

The petitioners are aggrieved by the fact that the private respondent No.5, has sold a portion of the property to the respondent No.6, in which the petitioners allegedly have a share.

There is civil suit filed by the petitioners, which is now pending before the learned Civil Judge (Junior Division), 1st Court, Sealdah, being Title Suit 179 of 2020 in which injunction has been refused.

The Officer-in-Charge, Tala Police Station has also filed a report and the same is taken on record. This Court notices that the matter is purely civil in nature and that there is no role to be played by the police in this instance.

This Court also notices there is no urgency whatsoever in the matter, yet it has been listed on the basis of urgency having been cited by the petitioners. With the aforesaid observations, the writ petition is dismissed with liberty reserved to the parties to pursue appropriated civil remedies.

However, there shall be costs, assessed at Rs.5,100/-, payable by the writ petitioners to the Tala 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.)