Archana Ray v. The State Of West Bengal And ORS

14.11.2025 Item No.43 Ct. No. 1 KS M.A.T. 1945 of 2025 With I.A. No. CAN 1 of 2025 Archana Ray VS The State of West Bengal & Ors.

Mr. Allen Felix .....For the Appellant Mr. Santanu Kr. Mitra, Sr. Govt. Adv.

Ms. Molly Saha .....For the State PER, PARTHA SARATHI SEN, J.:

1. The subject-matter of the instant intra-Court appeal is the order dated 14.10.2025 as passed by the learned Single Bench of this Court in W.P.A. 23850 of 2025 whereby and whereunder the said learned Single Bench has refused to entertain the writ petition as filed by the writ petitioner basically on the ground of pendency of a civil suit between the writ petitioner and the private respondent therein wherein an order of injunction was passed.

2. On careful perusal of the entire materials as placed before us and having heard the learned counsel appearing for the appellant/petitioner, we find no justification to interfere with the order impugned

inasmuch as no perversity and/or irregularity or illegality could be canvassed on behalf of the writ petitioner/appellant herein.

3. In our considered view, the learned Single Bench has rightly observed that the writ petitioner being the plaintiff in the civil suit has approached the jurisdictional Civil Court and obtained an order of injunction and he has also approached the selfsame Trial Court with a prayer for police protection.

4. It has already been noticed by us that pursuant to the order of the learned Single Bench, the writ petitioner being the plaintiff has already approached the learned Trial Court for implementation of the order of injunction.

5. It is noticed by us that basically on account of availability of alternative remedy, learned Single Bench refused to entertain the writ petition as filed by the appellant.

6. In view of the observation made hereinabove, we thus find no merit in the instant appeal and accordingly, the instant appeal being, M.A.T. 1945

of 2025 is dismissed along with connected interlocutory application being, CAN 1 of 2025.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(SUJOY PAUL, ACJ.) (PARTHA SARATHI SEN, J.)