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Calcutta High CourtWPA/30378/2024disposed

Santanu Tarafdar v. State Of West Bengal And ORS.

2025-01-15Hon'Ble Justice Tirthankar Ghosh2 pages

M/L 51 15.01.2025 Kausik ct.no.35 W.P.A. 30378 of 2024 Santanu Tarafdar

Versus

The State of West Bengal & Ors.

Mr. Subrata Ghosh ...for the petitioner.

Mr. Niladri Sekhar Ghosh Mr. Sourav Mondal Mr. Arya Bhattacharya Mr. Souvik Dey ...for the respondent no. 4.

Mr. Somnath Ganguly, AGP Mr. Sk. Md. Masud ...for the state.

Petitioner relies upon the order passed by the Executive Magistrate in MP Case No. 1620 of 2024. State has submitted a report. Report reflects that petitioner instituted title suit no. 382 of 2024 against the respondent no. 4 wherein an ad-interim injunction order has been passed and is existing till 20.02.2025.

In view of the subsequent changes which are not available in the writ petition and has been pointed by the state authorities, I direct that until and unless the civil court passes appropriate directions in respect of the basic prayers of the petitioner, this court is not

in a position to interfere with the prayers advanced in the writ petition.

Learned advocate appearing for the respondent no. 4 submits that the writ petition do not spell about a civil suit already pending and which was at the behest of the petitioner.

Be that as it may, petitioner is granted liberty to approach the civil court which is in seisin of the nature of the dispute in respect of the prayers so advanced.

With the aforesaid observations WPA 30378 of 2024 is disposed of.

Report submitted by the state be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)