Tapas Kumar Sarkar v. State Of West Bengal And ORS.

MONDAY Court : MB-24 Item : A-02 Status : DO ID : 266312 AR : NANDY In the High Court at0 Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 24715 OF 2025 TAPAS KUMAR SARKAR VS.

THE STATE OF WEST BENGAL & ORS.

Mr. Samrat Chowdury, Advocate Mr. Swadhin Pan, Advocate Ms. Anusmita Das, Advocate ......for the Petitioner Ms. Shilpa Jati, Advocate Mr. Rehan Ahmed, Advocate ......for the Respondent Nos. 4 & 5 Mr. Pinaki Dhole, Advocate Ms. Tanushree Pal, Advocate ......for the State

1. Affidavit of service, as filed, be kept with the record.

2. The petitioner seeks an apparently innocuous relief to take out the moveable assets lying within the premises of the property which has been possessed by the respondent-Bank and has been sold by way of a duly conducted auction, as submitted by Mr. Ahmed, learned Advocate appearing for the Bank.

3. Mr. Chowdhury, learned Advocate appearing for the petitioner, submits that even though the possession was taken on 16.07.2025, the inventory list, which does not bear the signature of the petitioner or any of his authorized representatives, was sent to the petitioner only on 18.07.2025. According to Mr. Chowdhury, the said inventory list is a disputed document, which requires trial.

4. The copy of the said inventory list is handed over to Mr. Chowdhury in Court today, another copy whereof is taken on record.

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5. The petitioner is at liberty to pursue his right before the appropriate forum as such disputed question of fact, cannot be entertained in this writpetition. The petitioner also has an alternative remedy which is equally efficacious.

6. With the afore-stated observations and directions, WPA 24715 of 2025 is disposed of. No order as to costs.

(REETOBROTO KUMAR MITRA, J.)