Asiya Bibi Constituted By Her Power Of Attorney Sk. Reyajuddin v. State Of West Bengal And ORS.

M/L 56 22.04.2024 Court No. 24 Sayandeep WPA 17261 of 2023 Asiya Bibi, represented by her Power of Attorney of Sk. Reyajuddin.

Vs.

The State of West Bengal & Ors.

Mr. Amar Nath Sen Mr. Amit Bikram Mahata .... for the petitioner Ms. Munmun Tewri Mr. Hemanta Kumar Das ... for the State Mr. Sk. Afrojul Haque ..... for the respondent Nos. 2 & 3 Mr. S. M. Hassan .... for Haldia Municipality Mr. Rwitendra Banerjee Mr. Sandip Kundu ..... for the pvt. respondent No. 10 The petitioner has alleged in the writ petition that the private respondent started a business in front of the petitioner's shop room resulting in blockage of the ingress and egress of the petitioner's shop. A representation was made before the Haldia Development Authority and also before the Haldia Municipality which is alleged to be kept pending. Learned advocate representing the private respondent submits that his client has become insane and is of unsound mind. He is also not in a position to sign the vakalatnama. It has been submitted that the son of the private respondent no. 10 is handling the business at present.

The Court is of the opinion that as regards the blockage of the ingress and egress, neither the

Municipality nor the Haldia Development Authority will be the appropriate authority to decide the issue. The same is a private dispute in between the petitioner and the private respondent. The petitioner ought to approach the competent forum for remedy. No relief can be granted to the petitioner in the instant writ petition.

The writ petition fails and is hereby dismissed. Report filed by the Officer-in-Charge, Durgachak Police Station signed on 6th August, 2023 is kept on record.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)