Saraswati Das v. State Of West Bengal And ORS.

19.07.2021.

Item no. 41.

Court No.13 ap W.P.A. No. 10921 of 2021 (Through Video Conference) Smt. Saraswati Das

Versus

The State of West Bengal & Ors.

Mr. Sobhan Majumder, Mr. Himangshu Ghosh.

...For the petitioner.

Mr. Mrinal Kanti Ghosh.

...For the private respondents.

The petitioner complains that the private respondents are harassing him and preventing his enjoyment of the premises being occupied by him. It is submitted that the private respondents are claiming title of the said property.

It appears from the record that a civil suit is pending between the parties being Title Suit No. 160 of 2020 before the learned Civil Judge (Junior Division) 1st Court, Krishnanagar, Nadia.

It is submitted that the petitioner had already obtained similar reliefs before this Court in W.P.A. No. 6663 of 2020 by an order dated 14th September, 2020. In that view of the matter, the instant writ petition is disposed of directing the parties to establish civil rights before the Civil Court or on any other proceeding that they may be advised by law.

The Officer-in-charge of Bhimpur Police Station shall, however, ensure that there is no breach of peace in the said area.

With the aforesaid directions, the instant writ petition shall stand disposed of.

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.)