Tapas Ghosh v. State Of West Bengal And ORS.

16.05.2023.

Court No.13 Item No. 349 pk WPA 25273 of 2022 Tapas Ghosh

Versus

The State of West Bengal & Ors.

Mr. Partha Chakraborty Mr. Muhammad Obaid ...For the petitioner.

Mr. Asish Kumar Guha, Mr. Naren Ghosh Dastidar ....For the State.

1.

The writ petitioner complains that the private respondents, claiming to be the purchasers of a portion of a property from co-sharers, are trying to evict him. Admittedly a partition suit being TS No.982 of 1994 is pending before the learned Civil Judge (Senior Division), Barasat.

2.

There is an order of status quo in respect of the property of all parties. The private respondent, if so advised, may implead himself in the aforesaid civil suit and seek appropriate partition.

3.

Deganga Police Station have taken out proceedings under section 107 of the CrPC.

4.

The Police shall strictly comply with any order that may be passed by the Civil Court on them specifically.

5.

The petitioner shall serve this order upon the private respondents.

6.

The report of the Deganga Police is taken on record.

7.

With the aforesaid observations, the writ petition shall stand disposed of.

8.

There will be no order as to costs.

9.

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.)