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Calcutta High CourtWPA/19102/2022dismissed

Subham Roy Choudhury v. State Of West Bengal And ANR

2025-01-06Hon'Ble Justice Amrita Sinha2 pages

M/L 17 &18 06.01.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 19102 of 2022 Subham Roy Choudhury Vs.

State of West Bengal & Anr.

With WPA 25207 of 2024 Subham Roy Choudhury Vs.

State of West Bengal & Anr.

Mr. Ajoy Roy Choudhury ... for the Petitioner.

Mr. Sabyasachi Mukherjee Ms. Poulam Dey Mr. Mukesh Khanna Mr. Kiran Mallick Ms. Swastika Saha ... for the respondent no. 2 Mr. Sirsanya Bandopadhyay Mr. Ritesh Kr. Ganguly (appeared virtually) ...for the State.

In Re:- WPA 19102 of 2022

1. Upon hearing the submissions made on behalf of the petitioner, State respondent and the private respondent, it appears that there is a matrimonial dispute in between the petitioner and the private respondent. Certain proceedings are pending before the learned Trial Court.

2. The petitioner seeks order for expeditious disposal of the proceedings of the maintenance petition being M 515 of 2016.

3. This Bench sitting under Article 226 of the Constitution of India does not have the jurisdiction to entertain the prayer of the petitioner. Accordingly, the relief sought for by the petitioner in the instant writ petition cannot be allowed.

4. The writ petition fails and, is hereby dismissed.

5. It will be open for the petitioner to approach the appropriate forum, for relief, if so advised.

6. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. In Re:- WPA 25207 of 2024

1. Upon hearing the submissions made on behalf of the petitioner, State respondent and the private respondent, it appears that there is a matrimonial dispute in between the petitioner and the private respondent. Certain proceedings are pending before the learned Trial Court.

7. In the instant writ petition, the petitioner has prayed for issuance of writ of certiorari and prohibition for quashing the order passed in M. Ex 67 of 2022 arising out of M515 of 2016.

8. This Bench sitting under Article 226 of the Constitution of India does not have the jurisdiction to entertain the prayer of the petitioner. Accordingly, the relief sought for by the petitioner in the instant writ petition cannot be allowed.

9. The writ petition fails and, is hereby dismissed.

10. It will be open for the petitioner to approach the appropriate forum, for relief, if so advised.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Amrita Sinha, J.)