Asma Begum And ANR v. The State Of West Bengal And ORS

04.04.2022.

Item No. 43.

Court No.13 ap W.P.A. No. 15795 of 2021 Asma Begum & Anr.

Versus

The State of West Bengal & Ors.

Mr. Bhagbat Chaudhuri, Sk. Toslim Ali.

...For the petitioner.

Mr. Subhabrata Datta, Mr. Banibrata Datta.

...For the State.

The writ petitioner complains that notwithstanding pending of the partition suit being Title Suit No. 38 of 2015 before the learned Civil Judge (Junior Division) at Amta, Howrah and injunction therein, the private respondents continued to obstruct the free ingress and egress out of his property. Despite complaint to the Officer-in-charge, Penro Police Station, Amta, Howrah, it is alleged that no action has been taken.

This Court is of the view that the petitioner's remedy is to seek enforcement of the order in the pending civil suit, since the matter is purely civil in nature.

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

There will be no order as to costs.

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

(Rajasekhar Mantha, J.)