Ratan Chakraborty v. State Of West Bengal And ORS.

Daily List 32 Bpg.

January 6, In the High Court at Calcutta Constitutional Writ Jurisdiction (Via Video Conference) W.P.A. No. 11628 of 2020 Ratan Chakraborty

Versus

State of West Bengal and others Mr. Bibek Jyoti Basu, Mr. Uttam Kr. De.

...for the petitioner.

Ms. Oindrila Ghosh, Mr. Palash Bapari.

...for the private respondent no.5.

Affidavit of service filed in Court today is kept on record.

The petitioner argues that the private respondent no.5 is obstructing the petitioner's ingress and egress to the petitioner's own shop room. As such, the petitioner was compelled to approach the police authorities, but to no effect.

The private respondent no.5 disputes such allegations on fact.

However, from the materials on record and the allegations made in the writ petition, it is evident that the dispute between the petitioner and the private respondent no.5 is civil in nature. Neither the police nor the Writ Court ought to pass any specific direction,

which might affect the rights of the parties which fall within the domain of civil law.

Accordingly, WPA No.11628 of 2020 is disposed of by granting the petitioner liberty to approach the competent civil court for ventilating the grievances raised in the present writ petition. If so approached, the civil court shall decide the matter without being prejudiced in any manner by any of the observations made herein.

There will be no order as to costs.

Urgent website certified copies of this order, if applied for, be given to the parties upon compliance of all formalities.

(Sabyasachi Bhattacharyya, J.)