Subrata Basu v. State Of West Bengal And ORS.

12.03.2020 pg.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 302 of 2020 Subrata Basu -versus The State of West Bengal & Ors.

Mr. Debajit Kundu ... For the petitioner Mr. Hirak barman Ms. Bedashruti Bose ... For the State Mr. Bikramaditya Ghosh ... For the respondent nos.6 & 7 The petitioner alleges that the entry and exit to its premises has been illegally blocked by the private respondents. The petitioner says that the petitioner has made a complaint before the Pradhan as also the police authority but no steps have been taken by either of such authority.

The private respondents say that the petitioner has constructed a resort. They already have an access to the premises from another side. They are asking a better access through the land belonging to the private respondents, being a tea estate.

The dispute is factual in nature and cannot be gone into by this Court in exercise of its writ jurisdiction. The petitioner has also other remedies under Sections

144 and 145 of the Code of Criminal Procedure, 1973 apart from filing a civil suit or approaching the LRTT. I find no merit in the writ petition. The same is dismissed. There shall be no order as to costs. It is made clear that I have not considered the matter on merits and all points are kept open before the forum which may be approached by the writ petitioner. (Arindam Mukherjee, J.)