← Library
Calcutta High CourtWPA/6857/2025disposed

Sirajul Biswas And ORS. v. The State Of West Bengal And ORS.

2025-04-16Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 25 16.04.2025 Kausik ct.no.35 W.P.A. 6857 of 2025 Sirajul Biswas & Ors.

Versus

The State of West Bengal & Ors.

Ms. Sima Ghosh Ms. Akhi Kayal ...for the petitioner.

Mr. Suman Sengupta, Sr. Govt. Adv.

Mr. Sanatan Panja ...for the state.

Learned advocate appearing for the petitioner submits that immediately after preferring the present writ petition, it has come to the knowledge of the petitioner that steps have been taken by the police authorities and Madhyamgram PS Case No. 231/25 dated 01.04.2025 has been registered for investigation.

Learned advocate for the private respondents, on the other hand, submits that the nature of dispute is absolutely civil in nature and to that effect, TS No. 954/2022 was filed before the civil court wherein a restrained order has been passed both for not disturbing the peaceful possession and not to change the nature and character of the property. The said interim order till date is continuing.

In view of the civil court already in seisin of the matter and steps having been taken by the police authorities, I am of the view, at present there is no scope for interference in respect of the prayers advanced in the writ petition.

Accordingly, WPA 6857 of 2025 is disposed of.

Report so submitted be kept with the record. Copy of the report be handed over to both the parties.

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

(Tirthankar Ghosh, J.)