Sudip Sarkar vs The State Of West Bengal & Ors
2021 Latest Caselaw 3108 Cal

25-05-2021
 ct no. 13
  Sl.5
   sp

                          WPA 9413 of 2021
                     (Through Video Conference)

                             Sudip Sarkar
                              -Versus-
                  The State of West Bengal & Ors.

             Mr. Shibaji Kumar Das
                                          ....for the petitioner




                     The    writ   petitioner   complains     of

             encroachment of an illegal construction by the

             private respondents on the property of which he

claims title. A civil suit being T.S. 13 of 2021

has been filed by the writ petitioner against the

private respondents. The Court of the learned

Civil Judge (Junior Division), 2nd Court In-

charge at Barrackpore had ordered injunction

against the private respondents on January 13,

2021.

The grievance of the writ petitioner in the

instant writ application is that the private

respondents are making construction without

any sanction plan. The petitioner claims to have

addressed notices to the Kamarhati Municipality

in vain and hence this writ application.

This Court notes that the petitioner could

easily have impleaded the Municipality in the

said civil suit (T.S. 13 of 2021).

The petitioner having agitated a

substantial part of a cause of action against the

private respondents, cannot seek enforcement of

an order of a civil Court through the writ Court

under Article 226 of the Constitution of India.

For the reasons stated hereinabove, the

writ petition is not entertained and is hereby

dismissed.

It is made clear that the instant order

shall not prevent the petitioner from impleading

the Kamarhati Municipality and seeking

appropriate remedy in accordance with law in

the pending civil suit or any proceeding in

accordance with law.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)