Sunlight Tradecom Pvt. Ltd v. Benidict Soren And ORS

Circuit Bench of Calcutta High Court at Jalpaiguri 12.12.

sm W.P.A. 769 of 2019 Sunlight Tradecom Pvt. Ltd.

Versus

Benidict Soren & Others.

Mr. Sunil Kumar Sarkar.

.....for the petitioner.

Mr. Debabrata Dhar, AGP, Ms. Bedashruti Bose.

......for the State.

Affidavit of service filed in court today be kept with the record.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is praying for a direction upon the police authorities to stop the construction which has been started by the respondent no. 1 to 4 over a piece of land measuring about 0.71 acres.

The fact of the case is that the petitioner has obtained an order before the learned Civil Judge, (Junior Division), Siliguri. According to the petitioner, a decree has been passed by the learned Court below and execution proceeding has been filed by the petitioner.

In my view, the writ jurisdiction is not the correct jurisdiction for this particular matter, as the petitioner has a clear alternative remedy of proceeding

with the execution proceeding before the learned Civil Court.

In the light of the above observation, this writ petition is dismissed.

Since no affidavit-in-opposition is filed by the respondents, so all the allegations made in this writ petition are deemed to have been denied.

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

(Shekhar B. Saraf, J.)