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Calcutta High CourtWPA/23886/2024disposed

Uttam Kumar Mal And ANR. v. State Of West Bengal And ORS.

2024-11-04Hon'Ble Justice Tirthankar Ghosh2 pages

M/L 73 04.11.2024 Kausik ct.no.35 W.P.A. 23886 of 2024 Uttam Kumar Mal And Anr.

Versus

State of West Bengal and Ors.

Mrs. Suman Sehanabis Mrs. A. Sinha Verma Mr. Swaraj Naskar ...for the petitioners.

Mr. Abdus Salam ...for the private respondent no. 5.

Mr. Wasim Ahmed Mr. Sk. Md. Masud ...for the state.

Affidavit of service so filed be kept with the record.

Learned advocate appearing for the petitioner is aggrieved by the fact that in spite of status quo order being passed by the civil court in TS No. 300/2023 (which is still continuing) there has been violations committed at the behest of the private respondents in respect of which complaints have been lodged with Madhabdihi Police Station and in spite of receiving such information, according to the petitioner, the police authorities did not take any action.

Learned advocate appearing for the state submits a report and draws the attention of the court

to the actions of the police authorities wherein it is pointed out that pursuant to the written complaint dated 21.09.2024 submitted by Uttam Kumar Mal the petitioner herein, Madhabdihi PS Case No. 218/2024 dated 21.09.2024 has been registered for investigation.

Learned advocate appearing for the respondent no. 5 is present and denies the accusations made on behalf of the petitioner. In view of the steps being taken by the police authorities I am of the view that so far as other grievances are concerned the same should be addressed by the petitioner before the civil court in seisin of the title suit.

A copy of the report be handed over to the learned advocate appearing on behalf of the petitioner.

In view of the observations made above no further interference is called for.

Accordingly WPA 23886 of is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)