Tuhina Midde v. State Of West Bengal & ORS

24.12.2020 RP Ct.04 WPA 15106 of 2019 Tuhina Midde Vs.

The State of West Bengal & Ors.

Mr. Rafikul Islam Sardar .... For petitioner Mr. Gobinda Chandra Bandyopadhyay .... For respondents no.2,4,5,6 and 7 Mr. Sardar, learned advocate appears on behalf of petitioner in support of prayers made for directing release of House for All Scheme benefit to her. Mr. Bandyopadhyay, learned advocate appears on behalf of respondents no.2,4,5,6 and 7 and submits, there is dispute regarding petitioner's title to the land, in respect of which she claims the benefit. The dispute is pending before civil Court.

This Court will not go into disputed questions of fact on title and interest to the land. Concerned respondents cannot be faulted for not proceeding where there is dispute. Mr. Sardar though submits that the civil litigation is vexatious but unless clear title by documents or through declaration of Court is furnished by petitioner, she cannot say the benefit of the scheme denied to her is denial of justice.

Photostat copies of documents handed over by Mr. Bandyopadhyay be kept on record.

With above observation, the writ petition is disposed of.

(Arindam Sinha, J.)