Santi Chatterjee v. The State Of West Bengal And ORS.

W.P.A. 9668 of 2025 Smt. Santi Chatterjee.

VS The State of West Bengal & Ors.

Mr. Jayanta Das.

...for the petitioner.

Mr. Samrat Choudhury, Mr. A Haque.

...for respondent no.5.

Mr. Sirsanya Bandopadhyay, Sr. Standing Counsel, Mr. Debopriyo Karan.

...for the State Affidavit-of-service filed by the petitioner be kept 21.05.2025 Court No. 35 Item No.39 Rakib with the record.

Petitioner is aggrieved regarding the inaction of the police authorities pursuant to the information furnished with the Officer-in-Charge, Haridevpur Police Station. According to the petitioner the whole of the first floor has been occupied by the respondent no.5 wherein certificates of the petitioner's daughter are also kept.

State has already submitted a report. Report reflects that there are earlier cases being Haridevpur PS Case no. 222/24 wherein charge-sheet has been submitted against the respondent no.5, other cases have been registered against the petitioner being Haridevpur PS case no. 39/24 and Haridevpur PS Case no. 216/24. Additionally a case has been initiated by respondent no. 5 under the provisions of the PWDV Act.

It has been pointed out that the same issue which has been canvassed before this Court are already canvassed and is pending adjudication before the learned Judicial Magistrate, 5th Court, Alipore. As the learned Judicial Magistrate, 5th Court, Alipore is already in seisin of the issue, if any of his orders are violated, provisions of the PWDV Act may be resorted to for execution of the order so passed. This Court at this stage when the alternative remedy has been invoked by the petitioner will not interfere with the prayer so advanced.

Thus, WPA 9668 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)