Radharani Manna v. State Of West Bengal And ORS.

D/L50 05.11.2024 Bpg.

ct.no.35 W.P.A.24048 of 2024 Radharani Manna

Versus

The State of West Bengal & Ors.

Mr. Abhijit Sarkar.

...for the petitioner.

Mr. K.K. Pathak Mr. Souvik Maji.

...for the respondent no.4.

Affidavit-of-service so filed by the petitioner be kept with the record.

Petitioner complains that he has paid full consideration money yet the private respondent no.4 did not transfer whole of the property and only a part of the property has been transferred in her favour. The factual circumstances reveal that the dispute arose pursuant to an alleged agreement entered by and between the parties. Even if the accusations of the petitioner are accepted to be true, there has been part compliance and part noncompliance. In the circumstances, the admitted facts of the case do not reveal any prima facie offence to have been committed. Petitioner has her remedy before the civil court for enforcing the terms of the agreement, if any.

Learned advocate for the private respondent no.4 denies and disputes each and every allegations made in the writ petition.

Accordingly, the petitioner would be at liberty to approach the appropriate jurisdictional civil court for enforcing her remedies. No interference is called for by this Court by way of invoking its jurisdiction under Article 226 of the Constitution of India. With the aforesaid observations, WPA 24048 of 2024 is disposed of.

There will be no order as to costs.

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

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

(Tirthankar Ghosh, J.)