Uday Saha v. State Of West Bengal And ORS.

19.03.

Ct. No.06 WPA 11543 of 2020 g.b.

Uday Saha Vs.

The State of W. B. & Ors.

Mr. Sourav Chatterjee ......For the Petitioner Heard learned advocate appearing for the writ petitioner.

The grievance of the petitioner in this writ petition is that there is alleged unauthorized construction over the land of the petitioner by the private respondents and the police is not taking any action against the private respondents.

The learned advocate for the petitioner submits that the petitioner has already been ousted from the land in question and against that he has already filed a title suit which is pending before the learned Civil Judge (Junior Division) at Barasat.

Considering the submission of the learned advocate for the petitioner and on perusal of record, I am of the view that since the petitioner has already been ousted and against this he has already invoked the jurisdiction of the Civil Court which is the appropriate forum to get relief and not this writ court, since the writ court sitting in writ jurisdiction cannot

decide the title of a person or restore the possession to a person.

In view of the discussion made above, WPA 11543 of 2020 is dismissed.

(Md. Nizamuddin, J.)