Lakshman Halder v. State Of West Bengal And ORS.

06-12-2021 ct no. 13 Sl.38 sp WPA 17046 of 2021 Lakshman Halder

Versus

The State of West Bengal & Ors.

(Via Video Conference) Mr. Arkadeb Biswas ...for the petitioner Mr. Amitesh Banerjee, ld. Sr. St. Counsel, Ms. Ipsita Banerjee ...for the State Mr. Chirantan Sarkar, Mr. R. Bhattacharjee, Mr. N.K. Singh ...for the respondent nos.5 to 8 Affidavit of service filed in Court today is taken on record.

The petitioner and the private respondents are in dispute with regard to a property situated and lying at Purba Katwa. With regard to mutual rights and the alleged documents of title, there is a civil suit being T.S. 73 of 2018, now pending before the learned Civil Judge (Jr. Division), First Court, Katwa.

It is submitted that the petitioner has initiated proceedings under Section 144 of the Cr. P.C., which has since expired. A status quo order has been passed by the learned Civil Judge (Jr. Division) against the original defendant Kalipada Halder since deceased.

Mr.

Banerjee, learned senior counsel appearing for the State submits that charge sheets have been filed in respect of the FIRs registered at the instance of the parties.

Since the disputes are pending in the Civil Court, this Court directs the learned Civil Judge (Jr. Division), First Court at Katwa to expeditiously dispose of the said T.S. 73 of 2018.

The Officer-in-Charge, Katwa Police Station shall ensure that there is no breach of peace in the said area.

With the aforesaid observations, the writ petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this judgment, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)