Manik Saha v. State Of West Bengal And ORS.

11.02.2022.

Court No.13 Item No. 20 ap W.P.A. No. 16760 of 2021 (Through Video Conference) Shri Manik Saha

Versus

The State of West Bengal & Ors.

Mr. Shiba Prasad Mukherjee, Mr. Anirban Datta, Mr. Debanjan Chatterjee, Mr. Siddhartha Ghosh.

...For the petitioner.

Mr. Ansar Mandal, Mr. Sougata Mitra.

...For the State respondent.

Ms. Somashree Dey.

...For the private respondents.

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

The petitioner has sought eviction of the private respondent nos.6 & 7 from his property. The petitioner admittedly stays in the first floor of his premises and the private respondents are on the ground floor. The petitioner has sufficient income, inter alia, from rents that he receives from the other portion of his property. The private respondents eke out a living by selling vegetables at Tarapith.

The private respondents have a small girl child.

In that view of the matter, this Court finds that the petitioner has not made out any case of torture or pain caused by the private respondents on him. The remedy of the petitioner, if any, is before a civil court.

No relief can therefore be granted to the petitioner. The instant writ petition shall stand disposed of without any orders.

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.)