Sarbari Sarawardi v. State Of West Bengal And ORS.
15.07.2025 W.P.A. 13655 of 2025 Item No.56 Ct. No.35 dc.
Sarbari Sarawardi versus The State of West Bengal & Ors.
Mr. Lakshminath Bhattacharya, Mr. Rajib Kumar Acharyya, Mr. Banshi Badan Maity ... For the Petitioner.
Mr. Arka Mondal ... For the State.
Mr. Shibasis Chatterjee ... For the Respondent No.5.
The petitioner is aggrieved by the inaction of the police authorities as the representation which has been addressed was not considered. The petitioner intends to enter the premises which she claims that she have a right to enter. To that effect, several documents have been relied upon by the petitioner in the writ petition.
Learned advocate for the respondent no. 5 is present.
As none appears on behalf of the State, Mr. Arka Mondal, learned advocate, who ordinarily appears for the State, is directed to represent the State. His appointment may be regularised by the concerned authorities.
Having regard to the fact that the veracity of the title deed which the petitioner has enclosed along with the records are subjected to scrutiny and assessment of the appropriate civil court. This Court is not in a position to consider the prayers advanced so far as reinstatement or restoration of
possession is concerned. If the petitioner intends to advance a contention that a trespass has taken place at the behest of the private respondent, petitioner would approach the jurisdictional criminal court addressing such issues.
The concerned court would assess and ascertain regarding the truth in the accusations and thereafter pass necessary orders as it deems fit and proper.
With the aforesaid observations, the writ petition being WPA 13655 of 2025 is disposed of. There will be no order as to costs.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)