Biplab Saha And ORS. v. State Of West Bengal And ORS.

19.04.2023 Ct. No. 01 FMA 729 of 2021 (IA No. CAN 1 of 2021) RP AN Biplab Saha & ors.

Vs.

The State of West Bengal & ors.

Mr. Partha Sarathi Bhattacharyya, learned senior advocate Mr. Sandip Ghosh Mr. Partha Sarkar Mr. Raju Bhattacharyya ... For the appellants Mr. Prasenjit Debnath Ms. Pritha Biswas ... For respondent nos. 6 & 7 Mr. Santanu Kr. Mitra Mr. Mirza Kamruddin ... For the State

1. This intra-Court appeal has been filed against the order dated 04.12.2020 passed in WPA 7727 of 2020 wherein it is held by the learned Single Bench that when two title suits are pending between the parties issuance of direction to the respondent Police to grant police protection cannot be granted.

2. Hence, we do not find any ground to interfere with the order passed by the learned Single Bench. Accordingly, the appeal stands dismissed. However, it is left open to the appellant to seek for appropriate remedy in the pending civil proceedings. It also goes without saying that any other remedies which are available to the appellant can be availed in accordance with law. Consequently, the connected application also stands dismissed.

(T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)