Avijit Biswas vs The State Of West Bengal & Ors
2022 Latest Caselaw 6313 Cal

06.09.2022.
Court No.13
 Item No. 24
    ap                         W.P.A. No. 12593 of 2022

                                     Avijit Biswas
                                         Versus
                            The State of West Bengal & Ors.

                     Mr. Soubhik Mitter,
                     Ms. Rajnandini Das,
                     Ms. Arushi Rathore.
                                                  ...For the petitioner.
                     Mr. Subhabrata Datta,
                     Mr. Banibrata Datta.
                                                       ...For the State.


                     Affidavit-of-service filed in Court today be taken

               on record.

                     The petitioner's Water Park was illegally shut

               down. He approached this Court by way of a writ

               petition being W.P. No. 21802 (W) of 2019, where a Co-

               ordinate Bench of this Court has held that the action

               of the respondent is illegal vide judgment dated 4 th

March,2020.

Liberty was also given to the petitioner to seek

compensation for illegal deposit of the Water Park.

Pursuant thereto, the petitioner has raised a

claim of Rs.1.5 crores against the respondents in a

representation.

Claims towards unliquidated sums of money

and those not admitted and rights in respect of which

sums have not crystallized, cannot be allowed or

entertained under Article 226 of the Constitution of

India.

The remedy of the petitioner is before an

appropriate Civil Forum, which may be agitated

strictly in accordance with applicable laws.

With the aforesaid observations, the instant writ

petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of

this order duly downloaded from the official website of

this Court.

(Rajasekhar Mantha, J.)