Biswanath Maity v. State Of West Bengal And ORS.

WPA 21485 of 2024 Sri Biswanath Maity Vs.

The State of West Bengal & Ors.

Mr. Prasanta Bishal ...for the Petitioner Mr. Samrat Paul ...for the State A661 11-12-2025 AKG Ct. 15 The petitioner alleges that respondents nos. 7 and 8 have undertaken unauthorised construction on Dag No. 373, J.L. No. 131, Mouza Murisai, P.S. Marisda, Purba Medinipur. It is submitted that respondents nos. 7 and 8 are co-sharers of the property. It further appears that a partition suit is presently pending between the parties, and that the Civil Court has issued an order of injunction restraining the parties from altering the nature and character of the land. Learned counsel for the petitioner submits that the construction in question has been carried out in violation of the said order of the Civil Court.

In view of the above circumstances, I am not inclined to entertain this writ petition, as permitting the petitioner to proceed before two forums simultaneously in respect of the same cause of action would be inappropriate.

This order, however, shall not preclude the petitioner from filing an appropriate application in the pending civil suit.

Accordingly, WPA 21485 of 2024 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)