Sridam Deuty v. State Of West Bengal And ORS.

M/L 831 22.07.2025 Bpg.

ct.no.35 W.P.A.11874 of 2024 Sridam Deuty

Versus

The State of West Bengal & Ors.

Mr. K.J. Yusuf Mr. Pradyot Kr. Das.

...for the State-respondents.

Records reflect that the petitioner approached the police authorities pursuant to directions passed in Title Suit No.110 of 2024. However, the police authorities refused to act on the representation of the petitioner and, as such, the writ petition has been preferred.

State has submitted a report through the Officer-in-Charge, Usthi Police Station which reflects that there was a dispute between the petitioner and the private respondent no.7 over the issue of payment of loan and the respondent no.7 proceeded to sell the property under Section 13 of the SARFAESI Act. A Title Suit was preferred at the behest of the petitioner. Be that as it may, since the civil court or the tribunal under the SARFAESI Act will have jurisdiction to adjudicate the core issues, police authorities would act only on directions of civil court or the tribunal. No interference is called for by this

Court in respect of the prayer so advanced in the writ petition.

Accordingly, WPA11874 of 2024 is dismissed.

There will be no order as to costs.

Report so submitted be kept with the record.

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

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

(Tirthankar Ghosh, J.)