Calcutta High Court (Appellete Side)
Ramesh Bera & Anr vs The State Of West Bengal & Others on 8 July, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
14 08.07.2016
W. P. 10820 (W) of 2016
AB Court No.28
Ramesh Bera & Anr.
Vs
The State of West Bengal & Others
Ms. Sanghamitra Nandy ...for the Petitioners.
Mr. Swapan Kr. Banerjee,
Ms. Nafiza Begum ...for the State.
Mr. Atarup Banerjee,
Mr. Tapodip Gupta ...for the Private
Respondents.
Affidavit of service is taken on record. The dispute between the petitioner and the private respondents is the subject matter of a civil proceeding and it is alleged that an order of status quo passed in the said civil proceeding which is being violated by the private respondents but no steps are being taken by the police authorities to ensure compliance of such order.
The nature of controversy prompts me to observe that the remedy of the petitioner lies in seeking appropriate relief for violation of the order of injunction before the civil court in accordance with law. Invocation of writ jurisdiction in the backdrop of the aforesaid private dispute, which is subjudice before the civil court 2 is, therefore, not warranted.
Since no affidavit has been called for, none of the allegations shall be deemed to have been admitted by the respondents.
With the aforesaid observation, the writ petition stands disposed of.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(JOYMALYA BAGCHI, J.) 3