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Calcutta High CourtWPA/18837/2021dismissed

Aniruddha Biswas v. State Of West Bengal And ORS.

2022-05-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.05.2022.

Item No. 33.

Court No.13 ap W.P.A. No. 18837 of 2021 Sri Aniruddha Biswas

Versus

The State of West Bengal & Ors.

Mr. Saptangshu Basu, ld. Sr. Advocate, Mr. Timir Baran Saha, Mr. Sudip Sarkar.

..For the petitioner.

Mr. Soumya Majumder, Mr. Supratim Dhar, Mr. Kunal Ganguly.

...For the respondent nos.5 to 8.

The writ petitioner is aggrieved by alleged inaction of the Nakashipara Police Station. The dispute appears to be with regard to the tenancy/lease in respect of a property on which a Nursing Home called Bethuadahari Life Care Nursing Home was stated to have been located.

The landlord claims to have taken possession of the property upon surrender by one of the partners of the Nursing Home. The legality of the surrender is disputed by the writ petitioner.

This Court is of the view that the dispute herein is purely civil in nature, and a private matter between the petitioner and the lessor-landlord. The police have absolutely no role to play in the dispute.

This Court also sees that there is absolutely no urgency whatsoever in this matter for having been mentioned to be taken up out of turn.

Hence, W.P.A. No. 18837 of 2021 shall stand dismissed with costs assessed at Rs.5,100/- payable by the petitioner to the Inspector-in-charge, Nakashipara Police Station on the prayer of Mr. Basu costs are reduced to Rs.3500/- with a warning to the petitioner not to repeat such conduct in future. 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.)