State Bank Of India v. State Of West Bengal And ORS.

29.11.2021.

Item no. 27.

Court No.13 ap W.P.A. No. 14589 of 2021 (Through Video Conference) State Bank of India

Versus

The State of West Bengal & Ors.

Mr. Pijush Kanti Ray, Mr. Sooujanya Bandyopadhyay.

...For the petitioner.

Mr. Santanu Kumar Mitra, Mr. Tapan Kumar Jana.

..For the State.

Affidavit-of-service filed in Court today be taken on record.

The Inspector-in-charge, Nabadwip Police Station, KPD has filed a report dated 26th November, 2021. The same is kept with the record.

It appears from the report that the police were not clear as to whether the second, third and fourth floors of the premises in question were also required to be taken possession thereof.

Counsel for the Bank denies the same and submits that the police were clearly informed of the same.

This Court does not wish to enter into the aforesaid controversy.

Inspector-in-charge, Nabadwip Police Station, KPD shall, within a period of two weeks from date, take over possession of second, third and fourth floors of the premises at belonging to Aswini Kumar Ray, in Mouza - Rudrapara, J.L. No. 5, on R.S. Dag No.

2281/4893 under R.S. Khatian No.1759, Touzi 8, within Police Station - Nabadwip, District - Nadia. Possession thereof shall be handed over to the Bank. The Bank shall co-ordinate with the Nabadwip P.S. with seven days notice and fix a mutually agreeable date with the Inspector-in-charge, Nabadwip Police Station, KPD to carry out the above order. Since the State has not used any affidavit, the allegations made in this writ petition shall not be deemed to have been admitted by them.

With the aforesaid observations, 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 duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)