Javed Nasir v. State Of West Bengal And ORS.

08.09.2022.

Court No.13 Item No. 74 ap W.P.A. No. 16992 of 2022 Jawed Nasir

Versus

The State of West Bengal & Ors.

Mr. Soumitra Deb.

...For the petitioner.

Mr. Ashutosh Mukherjee, Mr. Kousik Karmakar.

...For the respondent nos.3, 4, 5 & 6.

The writ petitioner claims that he is a lawful tenant under the private respondents.

Counsel for the petitioner submits that earlier, his client, in connection with the disputes with the landlord, was dispossessed and his possession was restored with the intervention of the police. He further submits that the respondent no.3 has filed a Title Suit being T.S. No. 1669 of 2021 for evicting the petitioner from the premises, which is since pending. He also submits that the petitioner has been forcibly evicted from his premises during the pendency of the eviction suit.

This Court is of the view that there are disputed questions of fact involved in the instant matter, which cannot be gone into by the Writ Court. The police cannot intervene in a purely civil dispute between the parties.

In those circumstances, the parties may avail appropriate remedies either in the pending civil

proceedings or in any other proceedings they may take out in accordance with law.

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

There will be no order as to costs.

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.)