Biswajit Mukherjee v. State Of West Bengal And ORS.

18.11.2024 W.P.A. 16582 of 2024 Item No.63 Ct. No.35 dc.

Sri Biswajit Mukherjee versus The State of West Bengal & Ors.

Mr. Bidhayak Lahiri, Ms. Bhaswati Lahiri, Ms. Rinku Pachhal ... For the Petitioner.

Mr. Vimal Kumar Shahi, Ms. Rupsha Chakraborty ... For the State.

Mr. Rohit Das, Ms. Kishwar Rahman, Ms. Divya Jyoti Tekriwal ... For the Respondent No. 4. Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner has approached this Court in respect of a dispute arising out of an agreement entered into between the petitioner and the private respondent no.4. The petitioner alleges that the respondent no.4 is violating civil court's order by selling of the properties.

The petitioner is not able to make out a case that the respondent no.4 is alien in respect of the property or the agreement concerned. If there is violation of the agreement, the petitioner would approach the jurisdictional civil court for appropriate order and pray for implementation of the said order through the police authorities concerned.

The petitioner would also be at liberty to approach the jurisdictional criminal court, if there has been any violation in terms of the provisions of BNS, 2023.

With the aforesaid observations, the writ petition being WPA 16582 of 2024 is disposed of. There shall 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.)