Raj Kumar Shaw v. State Of West Bengal & ORS

04.01.2023 Court No.13 Item No.512 sp WPA 27893 of 2016 Raj Kumar Shaw Vs.

State of West Bengal & Ors.

Mr. Kushal Chatterjee, Mr. Debrup Choudhury, Mr. Shibjit Mitra .....for the petitioner The petitioner complains of over action on the part of the Entally Police Station in having assisted the private respondents in illegally evicting the petitioner from lawful possession of his premises. The petitioner is admittedly a licensee from one of the private respondents and was occupying the said flat. Meanwhile, the petitioner filed a title suit being Title Suit No. 224 of 2016 that was decreed on 14.02.2019. A copy of the decree is kept with the record.

In the above circumstances, this Court is of the view that the remedy of the petitioner in respect of his right towards the property in question lies in seeking execution of the decree before the appropriate civil forum.

Accordingly, the writ petition is, therefore, disposed of without any further order.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)