Ashwani Kumar Arora v. State Of West Bengal And ORS.

21.11.2025 Ct. 3 Item No.

AD 1 Saswata WPA 10328 of 2025 CAN 1 of 2025 Ashwani Kumar Arora

Versus

The State of West Bengal & Ors.

Ms. Mandira Barman ... For the petitioner Ms. Munmun Ganguly ...For the State Mr. Ayan Mitra ...For the respondent no. 10 Mr. Debajyoti Deb Ms. Somdyuti Parekh ...For the respondent no. 11 Mr. Sandipan Banerjee Mr. Ankit Sureka ...For the HMC

1. The application being CAN 1 of 2025 has been filed, inter alia, seeking leave to allow withdrawal of the writ petition as according to the petitioner, the dispute between the petitioner and the respondent nos. 10 & 11 has been resolved.

2. The writ petition has, however, been filed for a direction upon the respondent nos. 2 to 7 to take steps against the respondent nos. 8 and 9 in relation to the request letter dated 4th April 2025 and 16th April, 2025. As would appear from the request letter which forms annexure P12 to the writ petition, the writ petitioner had invoked the jurisdiction of this Court under Article 226 of the Constitution of India to enforce his rights in relation to his tenancy,

knowingly fully well that the same was a private dispute.

3. Today, the aforesaid application being CAN 1 of 2025 has been moved on the ground that the disputes have been resolved. Ordinarily, a landlord-tenant dispute cannot form the subject matter of a writ petition.

4. Notwithstanding the aforesaid, by abuse of process of Court, the instant writ petition has been filed.

5. Having regard thereto, I am of the view that there is no scope to permit withdrawal of the writ petition.

6. The writ petition along with its connected application being CAN 1 of 2025, however, stands dismissed with a cost of Rs.1,00,000/- (Rupees One Lakh only) to be paid by the petitioner to the Calcutta High Court Legal Services Committee.

(Raja Basu Chowdhury, J.)