Balaram Sinha And ANR v. State Of West Bengal And ORS.
D/L.11.
December 20, 2024.
KAUSHIK WPA No. 8929 of 2024 Sri Balaram Sinha & Anr.
Vs.
The State of West Bengal and Others Mr. Partha Pratim Roy Mr. Sarbananda Sanyal ... for the petitioner.
Mr. Soumik Ganguly Mr. Sanat Kumar Das Mr. Rohan Bavishi ... for the respondent no. 7.
Mr. Debangshu Bandhu Mr. Ivan Roy ... for the respondent no. 8.
Mr. Himadri Sekhar Chakraborty Ms. Susnita Saha ... for the State.
The grievance of the petitioner is directed against non-consideration of a representation to carry out repair work of the existing boundary wall.
It is submitted on behalf of the petitioner that despite a representation being filed as far back as on January 24, 2024, the concerned Pradhan has taken no action in the matter.
It is submitted on behalf of the Pradhan that the disputes raised by the petitioner are purely civil disputes. There is also a civil suit pending between the parties. In the said suit, there is an order of status quo not to change the
nature and character of the suit property. In view of the above, there is no question of granting any permission by the Pradhan.
The private respondent is represented and submits that the disputes between the parties are purely civil disputes and in view of the order of status quo, there can be no question of granting any permission by the Pradhan.
The alleged permission sought for by the petitioner, if granted, may tantamount to modification or variation of the order of status quo passed by the Learned Civil Judge, Junior Division, 2nd Court, Hooghly in Title Suit No. 221 of 2013.
In view of the pendency of the above suit, liberty is granted to the petitioner to apply for variation or modification of the order dated January 15, 2024 passed by the Learned Civil Judge, Junior Division, 2nd Court, Hooghly in Title Suit No. 221 of 2013 in accordance with law.
With the above directions, WPA 8929 of 2024 stands disposed of.
There shall be no order as to costs.
(Ravi Krishan Kapur, J.)