Aline Mordecai Cohen@ A M Cohen v. State Of West Bengal And ORS.

31.10.2022.

Court No.13 Item No. 67 ap W.P.A. No. 17550 of 2022 Aline Mordecai Cohen @ A.M. Cohen

Versus

The State of West Bengal & Ors.

Mr. Golam Mustafa, Mr. T. S. Samanta, Mr. Samirul Sardar.

...For the petitioner.

Ms. Chaitali Bhattacharya, Mr. Kartik Chandra Kapas.

...For the State.

Md. Farhaduddin.

...For the respondent no.4.

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

The petitioner is aggrieved that the respondent nos.4 and 5 are trying to evict him forcibly from a property situated at 30, Park Lane, Kolkata - 700 016. It appears from the records that there is already an ejectment suit filed by the respondents against the petitioner being Ejectment Suit No. 427 of 2012. Counsel for the State submits that the Official Trustee has only visited the premises in question for inspection with police help.

This Court sees no inaction on the part of the police. The remedy of the petitioner is before an appropriate Civil Court.

Since no affidavit has been called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

In the above circumstances, the instant writ petition shall stand disposed of without any order. 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.)