Prakash Chandra Ghosh v. Union Of India And ORS.

17.06.2021.

Item no. 45.

Court No.13 ap W.P.A. No. 10463 of 2021 (Through Video Conference) Sri Prakash Chandra Ghosh

Versus

Union of India & Ors.

Mr. Tapas Bhattacharya, Mr. Aviroop Bhattacharya.

...For the petitioner.

Counsel for the petitioner submits that pursuant to an order of this Court dated 14th September, 2018 passed in W.P. No. 10318 (W) of 2018, the Department of Posts, who were occupying a portion of the petitioner's premises, had in principle agreed to renew the lease deed and continue to occupy the said premises.

It is submitted that till date, no steps have been taken by the Department of Posts to enter into any lease agreement or finalize the rent as they were continuing to occupy the said premises.

This Court is of the view that the said issue cannot be dealt with any further by a Writ Court under Article 226 of the Constitution of India. The remedy of the petitioner against the respondent Department of Posts is before a Civil Court under, inter alia, the Property Laws of the land.

For the reasons stated hereinabove, no relief can be granted to the petitioner in this writ application.

The instant writ application shall stand dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)