Samar Kumar Jana v. State Of West Bengal And ORS.

25.03.2025 WPA 5721 of 2025 Sl.No.

Court No. 35 Samar Kumar Jana -VsThe State of West Bengal & Ors.

G.S.Das Mr. Chirantan Sarkar ... for the Petitioner(s) Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee ... for the State-respondent(s) Mr. Keshab Chandra Das Mr. Biplab Adak Ms. Aparajita Mondal ... for the private respondent no.4 The petitioner is aggrieved by the fact that he is unable to enter his own residence as the same has been occupied by the private respondent no.4.

The petitioner has also referred to other allegations regarding the custody of the child but the same has not been pressed before this Court when this writ petition was moved.

So far as the petitioner's entry into his residence is concerned, it has been brought to the notice of this court

by the report submitted on behalf of the Officer-in-charge of Pursurah Police Station that a civil suit being T.S. 133 of 2024 is pending before the learned Civil Judge (Jr. Divn.), 2nd Court, Arambagh, Hooghly, wherein, the present petitioner is the defendant.

In view of the civil court already in seisin of the issue relating to the property is concerned, in case, the petitioner intends to enter his residence, appropriate application be preferred before the learned civil court already in seisin of T.S. 133 of 2024.

In case, any direction is passed upon the police authorities, they would render all possible assistance to the present petitioner. No interference is called for by this Court.

With the aforesaid observations, WPA 5721 of 2025 is disposed of.

Pending application(s), if any, is

also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)