Sk. Matiur Rahaman v. The State Of West Bengal

SK Ct. No. 24 16.10.2020 W.P.A. 7083 of 2020 CAN 1 of 2020 (Via Video Conference) Sk. Matiur Rahaman Vs.

The State of West Bengal & Ors.

Mr. Ashim Kumar Routh, Ms. Anindita Auddy (Das) ... For the petitioner. Mr. Lalit Mohan Mahata ... For the State respondent. Mr. Debabrata Saha Roy, Mr. Arka K. Nag, Mr. Subhankar Das... For the respondent nos. 2 to 4. The petitioner complains that the private respondents are executing a construction unauthorizedly over his land. A suit for partition and injunction is pending between the petitioner and the said private respondents and an order of injunction is passed in the said suit.

Dispute sought to be raised here in is completely of private nature. The jurisdiction under Article 226 of the Constitution of India cannot be invoked to resolve such dispute.

The prayer made in this application is totally misconceived and W.P.A. 7083 of 2020 is dismissed. The connected urgency application being CAN 1 of 2020 is disposed of accordingly.

No order as to costs.

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

(Biswajit Basu, J.)