Biswanath Chakraborty v. State Of West Bengal & ORS

14.11.2022.

Court No.13 Item No. 239 ap W.P.A. No. 21208 of 2019 Biswanath Chakraborty

Versus

The State of West Bengal & Ors.

Mr. Debabrata Karan, Mr. Debopriyo Karan.

...For the petitioner.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal.

...For the respondent no.5.

The writ petitioner seeks remedies against the private respondent no.5, sister-in-law and wants help of the police for entering into a property, that has been gifted by his brother and pending the matrimonial dispute with his brother.

It is alleged that two older brothers of the husband of the respondent no. 5 had earlier gifted the property to the youngest brother (husband of the private respondent no.5). the youngest brother has constructed a ground plus 2 building on the property. This Court is of the view that there are proceedings for maintenance and divorce pending between the private respondent no.5 and her husband. This Court sees that the dispute is purely private and civil in nature and the parties may avail the civil remedy in this regard.

In view of the above, no relief can be granted to the writ petitioner in this writ petition.

The instant writ petition shall stand disposed of without any orders.

There will be no order as to costs.

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.)