Mira Dutta And ANR v. State Of West Bengal And ORS.

07.05.2025.

Ct.No.7.

as WPA 25170 of 2022 Mira Dutta & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Indranil Nandi, Ms. Shreya Agarwal, Ms. Soumili Sarkar.

...for the Petitioners.

Mr. Nilotpal Chatterjee, Ld. Jr. Govt. Adv.

...for the State.

Mr. Siddhartha Banerjee, Mr. Srijit Halder.

...for the High Court Administration, Respondent Nos.2 to 4.

Mr. Surajit Samanta, Ms. Sohini Samanta.

...for the Respondent No.5.

1.

The present writ petition has been preferred primarily praying for the following relief:

"b) A writ of and/or in the nature of Mandamus be issued directing the respondent authorities to correct the records of the Title Appeal No. 28 of 2012 by removing the false and fabricated Judgment and Order dated 28.08.2015 and replacing the same by the Authentic Genuine Judgment and Order dated 31.08.2015, as also correct the records of the said Title Appeal No. 28 of 2012 accordingly, for ends of justice;"

2. Mr. Nandi, learned Advocate representing the petitioners submits that after disposal of Title Appeal No.28 of 2012, a judgment and decree was passed on 31.8.2015. However, the said judgment was subsequently replaced by another judgment and decree dated 28.08.2015. He wants a direction from this Court upon the Registry of this Court to remove the earlier judgment and decree which according to him is fabricated, and to substitute the judgment and decree, which according to him is authenticated, in its place.

3. Having heard the learned Advocates appearing for the respective parties and upon perusal of the records, I am of the view that any act done by any Judge of District Judiciary while discharging judicial function is not amenable to judicial review under Article 226 of the Constitution of India.

4. Considering this aspect, I am of the considered opinion the writ petition is not maintainable and as such the same cannot be entertained.

5. Accordingly, the writ petition is dismissed. There will be no order as to costs.

6. However, it is clarified that this order shall not preclude the petitioner from approaching the appropriate forum in accordance with law to have their grievance redressed.

(Partha Sarathi Chatterjee, J.)