Anjuman Bibi v. State Of West Bengal And ORS.

09.02.2023.

Court No.13 Item No. 22 pk W.P.A. No. 9219 of 2022 Anjuman Bibi

Versus

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay ...for the petitioner.

Mr. Amit Baran Dash, Ms. Ankana Sarkar ... for the respondent no. 4.

The writ petitioner claims that the private respondent has forcibly occupied his property and is preventing her from entering into the property. Counsel for the private respondent no. 4 places pleadings in O. S. No. 454 of 2019 which is pending. The private respondent has also filed a civil suit being T. S. No. 85 of 2013 before the Second Civil Judge (Junior Division), Contai in which injunction was initially granted and eventually vacated. It is further submitted that on the petitioner's complaint, FIR 177 of 2022 dated 06.05.2022 has been registered by the Ramnagar Police.

Investigation has been completed and the Charge Sheet No. 144 of 2022 dated 31.05.2022 has been filed in the matter.

This Court is of the view that the rights in respect of the property may be agitated by the parties in the pending civil proceeding referred to herein above.

Ramnagar Police shall ensure that there is no breach of peace in the area In view of the above, the instant writ petition is disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)