Indrajit Baroi v. The State Of West Bengal And ORS

High Court at Calcutta In The Circuit Bench At Jalpaiguri Appellate Side WPA 2109 OF 2022 31.10.2022 Sl no. 17 Indrajit Baroi.

Ct no. 2 - Vs - P.M.

The State of West Bengal & Ors.

Ms. Jagriti Mishra, Mr. Subham Gupta, Mr. Debayan Goswami, Mr. Reshab Kumar ... for the petitioner Mr. Bikramaditya Ghosh, Mr. Pretom Das .... For the State Heard learned advocates appearing for the parties.

This writ petition arises out of private civil dispute between the landlord and tenant and it is further allegation of the petitioner that the landlord/private respondent has committed criminal offence against the petitioner.

Considering the submission of the parties I am of the view that this is not the fit case for invoking constitutional writ jurisdiction under Article 226 of the Constitution of India since the cause of action and nature of allegation made by the petitioner even if it is accepted, is either civil or criminal in nature. In view of the observation made above this writ petition being WPA No. 2109 of 2022 is dismissed.

However, dismissal of this writ petition will not prevent the petitioner to seek appropriate remedy before any other appropriate forum in accordance with law.

(Md. Nizamuddin, J.)