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Calcutta High CourtMAT/814/2022dismissed

Biswajit Sadhukhan v. State Of West Bengal And ORS.

2025-12-11Hon'Ble Justice Sujoy Paul, Acting Chief Justice,Hon'Ble Justice Partha Sarathi Sen2 pages

December 11, 2025 Sl. No.22 Court No.1 s.biswas MAT 814 of 2022 With CAN 1 of 2022 CAN 2 of 2022 Biswajit Sadhukhan vs.

The State of West Bengal and others Ms. Sutapa Upadhyay ... for the appellant Per, Partha Sarathi Sen, J.

1. We have heard Ms. Upadhyay, learned counsel for the appellant. We have also perused the order dated 21.03.2022, as passed by the learned Single Judge in WPA 8671 of 2020.

2. On perusal of the order, it reveals that the grievance of the writ petitioner before the learned Single Bench is that the writ petitioner is being obstructed by the private respondents while reconstruction of wall which has been broken down.

3. In our considered view, the learned Single Bench has rightly observed that the dispute as involved in the instant writ petition is purely civil in nature and thus declined to pass any favourable order in favour of the writ petitioner. We have further noticed that the learned Single Bench has also noted that a proceeding was pending before the Haripal Police Station. We have also noticed that the learned Single Bench came to a finding that the issue involved in the writ petition cannot be

decided by a Writ Court since the same involves disputed question of fact.

4. We find no reason to interfere with the wellreasoned order as passed by the learned Single Bench.

5. With the aforementioned observation, MAT 814 of 2022 is dismissed. With the dismissal of the instant appeal, all pending interlocutory applications are also dismissed.

(Sujoy Paul, A.C.J.) (Partha Sarathi Sen, J.)