Bachcha Lal @ Bachhalal Saha v. The State Of West Bengal And ORS.

jks 14.08.2024 WPA 18492 of 2024 Bachcha Lal @ Bachhalal Saha Vs.

State of West Bengal & Ors.

Mr. Ranojoy Chatterjee Mr. Tamal Singha Roy ... ... for the Petitioner Mr. Pantu Deb Roy Mr. Manas Kumar Sadhu ...for the State Ms. Shohini Chakraborty Mr. Arijit Sarkar ... ...for the Respondent no.4 Affidavit of service filed by the petitioner is kept with the record.

Learned counsel appearing for petitioner submits that the petitioner is a tenant of a shop premises and the respondent no.4 is the landlord of the said premises. It is alleged that the petitioner paid rent to the private respondents on a regular basis and is under the tenancy for a considerable period of time and on that basis he has obtained trade license from the English Bazar Municipality. It is further alleged that by a Notarized Agreement dated 06.11.2017, the petitioner was induced to leave the tenanted premises temporarily for a time period of 8 months so that the respondent no.4 could take steps to reconstruct the same but even after 77 months the petitioner was not handed over with the tenanted shop. The respondent no.4 has taken an amount of Rs.2,00,000/ from the petitioner on 27th

December, 2021 for the purpose of interior decoration of the shop but till date the shop was not handed over to the petitioner.

Learned counsel further submits that on 22nd May, 2024 a complaint was filed before the Inspectorin-Charge, English Bazar Police Station, Malda but till date no steps have been taken by the respondent no.3. Learned counsel appearing for the respondent no.4 being the landlord specifically submits that this is a tenancy dispute and arrear rent is pending from the tenant.

Learned counsel appearing for the State files a report. Let the report be kept with the record. Heard learned counsel for the parties.

Perused the writ petition filed by the petitioner and the report filed by the State respondents. As the dispute between the petitioner and the private respondent is purely a civil dispute the Writ Court shall refrain itself from passing any order but request the respondent no.3, Inspector-in-Charge, English Bazar Police Station to take necessary steps in accordance with law.

With the above directions the writ petition being WPA 18492 of 2024 is disposed of.

Since the instant writ petition is disposed of without calling for any affidavits from the respondents, the allegations contained in the writ petition shall not be deemed to have been admitted by the respondents.

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.

(Rajarshi Bharadwaj, J.)