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Calcutta High CourtWPA/22204/2023

Purnendu Saha v. State Of West Bengal And ORS.

2023-12-04Hon'Ble Justice Jay Sengupta2 pages

December 4, 2023 A 12 Court No.14 SG WPA 22204 of 2023 Purnendu Saha vs.

The State of West Bengal and others Mr. Amitabha Ghosh Ms. Nabanita Chatterjee ... for the petitioner Mr. Suman Sengupta Ms. Amrita Panja Moulick Mr. Ansar Mondal Mr. Asish Dutta ... for the State Report filed by the State about the intimation to the private respondent is taken on record. It appears that the private respondent was intimated and he has chosen not to represent himself before this Court.

Report filed by the State is also taken on record. Learned advocate for the petitioner submits as follows. The private respondent had taken money from the petitioner and put him in possession of the property in question. Now the private respondent is trying to illegally evict the petitioner from the property by using force. The petitioner was constrained to file a civil suit which was dismissed for default and is now pending for restoration.

Learned counsel for the State submits that a civil dispute exists between the private parties. There is hardly anything that the police can do in this regard.

It appears that a civil dispute is pending between the private parties. In fact, a civil suit is pending for restoration before the learned civil court.

If any of the parties wants to establish any further right in respect of the property in question, the same has to be done before a civil court.

No further order can be passed in this regard. However, the police shall keep a sharp vigil at the locale and ensure that no breach of peace takes place. With these observations, the writ petition is disposed of.

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

[ Jay Sengupta, J. ]