The High Court held that the writ petition seeking to resolve a long-pending civil dispute was an abuse of the process of law. The court deplored the suppression of civil proceedings and dismissed the petition.
The writ petition was dismissed with costs of Rs. 5,100/- to be paid by the petitioner to the private respondent.
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28.03.2022. Item No. 19 Court No.13 pk
W.P.A. No. 1328 of 2022 (Through Video Conference)
Smt. Sumitra Sen Versus State of West Bengal and others
Mr. Debasish Sur, Mr. Anshuman Dey, Mr. Mrinmoy Chatterjee
…For the petitioner.
Mr. Amitesh Banerjee, Ms. Ipsita Banerjee … for the State
Mr. Soumik Ganguly, Mr. Chandana Chakraborty …For the respondent no. 4.
It appears from the writ petition that the dispute is between the petitioner and the private respondent/brother. The writ petition has been mentioned by counsel for the petitioner for listing on urgency.
This Court finds absolutely no urgency whatsoever. The dispute between the parties is purely civil in nature and certain civil proceedings are pending since 2006. The existence of these Civil proceedings has been suppressed in the writ petition. An attempt is made across the bar to produce a copy of the civil proceedings.
This Court strongly deprecates the aforesaid conduct of the petitioner. The parties may thrash out their civil differences in the pending civil suit.
2
In the above facts and circumstances of this case, this Court finds that the writ petition is an abuse of process of law.
The writ petition is dismissed with costs assessed at Rs.5,100/- payable by the writ petitioner to the private respondent.
( Rajasekhar Mantha, J. )
1 issue framed by the court
Whether the writ petition, which seeks to resolve a purely civil dispute pending in regular civil courts since 2006, amounts to an abuse of the process of law.
Smt. Sumitra Sen
State of West Bengal
Private Respondent (Brother)
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
