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Calcutta High CourtWPA/25791/2024disposed

Lalit Kumar Bose v. The State Of West Bengal And ORS.

2024-11-06Hon'Ble Justice Tirthankar Ghosh4 pages

Sl.No.

06.11.2024 WPA 25791 of 2024 Court No. 35 G.S.Das Lalit Kumar Bose -VsThe State of West Bengal & Ors.

Mr. Meghnath Dutta Mr. Subhojit Mullick ... for the petitioner Mr. Apalak Basu Ms. Sanghamitra Mridha ... for the Respondent nos. 6 Mr. K. J. yusuf, ld.AGP Mr. Parikashit Gowami ... for the State-respondent Mr. Deepan Kr. Sarkar Mr. Prithwish Roy Chowdhury ... for the respondent no. 5 Learned advocate for the petitioner submits that a civil case is pending between the parties.

The petitioner has already approached learned Executive Magistrate and he apprehends highhandedness at the hands of the private respondents.

Learned advocate for the private

respondents disputes and denies contentions advanced by the petitioner and submits that the petitioner has no locus standi in respect of the said property which has been preferred to in the writ petition.

Mr.

Yusuf, learned Additional Govermnet Pleader, has submitted a report. Let the same be kept with the record.

I have considered the submissions of the respective parties and, on an assessment of the same, I am of the view that so far as the right, title and interest of the parties are concerned, it is for the learned Civil Court to decide. This court will not enter into the domain.

As the petitioner has already approached learned Executive Magistrate and a report has been submitted before the learned Executive

Magistrate, this court should refrain itself from passing any order so far as the merits of the writ petition is concerned.

However, police authorities should keep a strict vigil and see to that no untoward incident takes place in respect of the subject matter of dispute.

With the aforesaid observations, WPA 25791 of 2024 is disposed of.

Affidavit of service so filed be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)