Rita Halder And ANR. v. State Of West Bengal And ORS.

4th Sept.,2025 In the High Court at Calcutta Item no.D/L 01 Court No. 14 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 20384 of 2025 In the matter of :

Smt. Rita Halder & Anr.

.... Petitioners VS.

The State of West Bengal & Ors.

....Respondents For the Petitioners:

Mr. Sattwik Bhattacharyya Mr. Rajdeep Banerjee Mr. Aashutosh Bhattacharyya Mr. Aritra Roy ....Advocates For the State:

Mr. Nayan Bihani Ms. Papiya Banerjee Bihani ....Advocates For the Respondent no. 5:

Mr. Riddhiman Mukherjee Mr. Debabrata Das Mr. Pratik Acharjee ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The order dated 5th August, 2025 passed by the Executive Magistrate in MP No. 116/2025 in the matter of Dr. Shomeeta Saha Vs. Smt. Rita Halder & Another is impugned in the instant writ petition.

3. It appears that the Executive Magistrate passed direction upon the petitioners to vacate the room of the subject premises within a stipulated time period.

4. It has been brought to the notice of the Court that a civil suit in respect of the same room is pending consideration

before the Ld. Civil Judge (Junior Division), Bidhannagar being Title Suit No. 220/2025 (Smt. Rita Halder & Anr. Vs. Dr. Shomeeta Saha).

5. Specific submission of the petitioner is that the Executive Magistrate could not have entered into the civil disputes between the parties and directed eviction.

6. Learned advocate representing the respondents submits that the petitioners admitted before the Magistrate for vacating the room in question.

7. Upon hearing the parties and on perusal of the documents annexed to the writ petition, it appears that, the Executive Magistrate erroneously exercised jurisdiction to decide a civil dispute which is pending consideration before the Civil Court.

8. The Magistrate ought not to have entered into any private dispute between the parties which is pending consideration before the learned Civil Court.

9. In view of the above, the order impugned in the instant writ petition is set aside.

10. The parties will be at liberty to agitate their private civil dispute before the competent forum in accordance with law, if so advised.

11. The writ petition stands disposed of.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)