Bahnishikha Ghatak v. State Of West Bengal And ORS.

20.03.2023 Court No.13 Item No.378 AP WPA 17509 of 2022 Bahnisikha Ghatak Vs.

State of West Bengal and Ors.

Mr. Pratip Mukherjee Mr. Omar Faruk Gazi ... For the Petitioner.

Mr. Debasish Ghosh Mr. Debraj Sahu ... For the State.

Mr. Asit Baran Raut Mr. Asit Kumar Chowdhury ... For the Private Respondent No.5.

Affidavit-in-opposition filed by the respondent No.5 is taken on record.

The petitioner claims that the private respondent No.5/husband of the petitioner has forcibly dispossessed her from the property standing in her name.

Learned counsel for the private respondent No.5/ husband of the petitioner disputes the same. Counsel for the private respondent No.5/husband of the petitioner submits that he has contributed substantially into the purchase of the property. This Court is of the view that these disputed questions of fact cannot be gone into by the writ Court under Article 226 of the Constitution of India. The parties may agitate the matter in an appropriate civil proceeding.

The writ petition is disposed of without any orders.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)