Smti.Mithu Das Gupta v. Sri Vijaya Puram Municipal Council And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/298/2025 Smt Mithu Das Gupta Vs.

Sri Vijaya Puram Municipal Council and another Mr. S.K. Goldar ... for the petitioner Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondent no.1 July 03, 2025 [SR] Item No. 3 It appears that a tripartite agreement has been entered into between the petitioner and respondent Nos. 1 and 2 with regard to the allotment of a flat under the Pradhan Mantri Awas Yojana.

Pursuant to the said agreement, respondent No. 2 disbursed a sum of Rs. 2,40,000/- in favour of respondent No. 1, and an amount in excess of Rs. 2,000/- is being deducted monthly from the salary of the petitioner for repayment. The petitioner has raised various allegations against respondent No. 1. It is submitted that the petitioner was supposed to receive delivery of possession of the flat in the month of December 2023; however, respondent No. 1 has failed to hand over the possession.

The rights of the parties appear to arise out of a contractual relationship.

In view of the above, I am not inclined to exercise writ jurisdiction to enforce such contractual rights, particularly in light of the disputes and the facts and circumstances of the case.

Accordingly, WPA/298/2025 is disposed of with liberty to the petitioner to approach the appropriate forum for redressal of his grievance.

( Kausik Chanda, J. )