HC rules that contradiction in the orders of the Civil Court cannot empower the Writ Court to enter into the specific domain of the Civil Court [Read Judgment]

The Division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay of the Calcutta High Court in the case of Sri Pankaj Saha Vs The State of West Bengal and others held that contradiction in the orders of the Civil Court cannot empower the Writ Court to enter into the specific domain of the Civil Court, particularly since the matters are sub judice before the competent Civil Courts.

Brief Facts:

Three different civil suits were pending before the Civil Court regarding the property in dispute. The Learned Judge passed orders of injunction which were contradictory in nature.

Hence, the present case.

Observations of the Court:

The Court noted that t the matters are sub-judice before three competent Civil Courts and that even if there was a contradiction in the Civil Court's orders, the Writ Court should not be given the authority to intervene in the Civil Court's special domain and to issue an order that effectively ends the lawsuits.

It was further noted that the Civil Court will decide whether there was a violation of the Court order, who had the property when the restraint order was passed, what the status of the property was at the relevant time when the injunction order was initially passed, and whether or not police help is necessary for the situation if it is so requested by one of the parties.

Based on these considerations, the Hon’ble High Court restored the status quo ante about the disputed lodge immediately before the execution of the order dated August 11, 2022, and directed the police authorities to restore the said property to its original condition before the said order of the learned Single Judge as well as the possession of the parties at that point of time, insofar as feasible.

The decision of the Court:

With the above directions, the Hon’ble High Court set aside the order passed by the Learned Single Judge, subject to the final determination of the civil suits.

Case Title- Sri Pankaj Saha Vs The State of West Bengal and others

Coram- Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay

Case No.- MAT 78 of 2022 With IA No: CAN 1 of 2022

Advocate for the Appellant- Mr. Hillol Saha Podder, Ms. Mousumi Das

Advocates for the State- Advs. Mr. Bikramaditya Ghosh, Mr. Pretom Das

Advocate for the Petitioner/Respondent- Adv. Mr. Biprajit Das

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