Aashirwad Niwas v. Union Bank Of India And ORS.

OD-5 ORDER SHEET WPO No.925 of 2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE AASHIRWAD NIWAS VS UNION BANK OF INDIA & ORS.

BEFORE

THE HON'BLE JUSTICE AMRITA SINHA Date: January 17, 2025.

Appearance :

Mr. Rahul Sarkar, Adv.

Ms. Dipika Sarkar, Adv.

..for Petitioner.

Mr. Ranajit Chowdhury, Adv.

Mr. Sudipto Chowdhury, Adv.

Mr. Purnendu Modok, Adv.

..for Respondent nos.1,3 & 4.

Ms. Suchishmita Ghosh, Adv.

Mr. Raja Roy Chowdhury, Adv.

..for Respondent no.2.

1.

Affidavit-in-opposition filed on behalf of the Ombudsman, Reserve Bank of India in Court today is taken on record. 2.

The petitioner happens to be the landlord of the respondent no.1, Bank. The petitioner intends to enter into a tenancy agreement with the respondent no.1 at the prevailing market rate. The respondent no.1 is not willing to do so.

3.

The petitioner has approached this Court for relief. 4.

The Court is of the opinion that it is between the landlord and the tenant to settle the terms and conditions of the tenancy agreement. 5.

The writ Court is not the competent forum to decide any issue between a private party and the bank in connection with tenancy issues. The bank, in the instant case, is not rendering any public

service to the petitioner for which the jurisdiction of the writ Court can be invoked.

6.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter.

7.

The writ petition fails and is hereby dismissed. 8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm.