Dismissed

Narendra Kumar Mishra v. State of West Bengal and Ors.

Calcutta HC23 Sept 2024WPA/20859/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged alleged forcible eviction from tenanted premises during the pendency of a pending civil suit regarding tenancy rights. The High Court held that such disputes between private parties require a full-fledged trial on evidence by the Civil Court. The writ petition was accordingly dismissed.

What the court decided

AI extract

Narendra Kumar Mishra Vs State of West Bengal and Ors. — Landlord and Tenant | Calcutta HC (2024)

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44 23.09.2024

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WPA 20859 of 2024

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Narendra Kumar Mishra

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Vs.

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The State of West Bengal & Ors.

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Mr. Sanjib Seth … for the petitioner.

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Mr. Sudipta Dasgupta Mr. A. N. Naskar Mr. S. Nayek Ms. S. Chakraborty … for the private respondent.

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Mr. Rajarshi Basu Mr. A. D. Sarkar … for the State.

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Affidavit-of-service filed in Court be kept with

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the record.

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Report filed by the State be kept with the record.

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The petitioner claims to be a tenant under the respondent no. 4 in respect of one bedroom, one kitchen, common user of privy and bath in the ground floor along with common user of staircase of the 1^st floor roof of a single storied building situated on L.R. Khatian No. 356, L.R. Dag No. 567, Mouza Podra, P.S. Sankrail, District Howrah.

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The petitioner states that on March 23, 2024, the petitioner went to his native village at ‘Bhadrak’, Orissa for

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performing funeral rites of his uncle. The petitioner claims that when he returned back on April 6, 2024, he found that the 4^th respondent had forcibly taken possession of the tenanted premises.

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The learned advocate for the private respondent submits that the petitioner filed a civil suit being T.S. No. 354 of 2024 before the learned Civil Judge (Junior Division), 5^th Court, Howrah and the prayer for injunction was rejected by the learned Civil Judge by an order dated March 15, 2024. The petitioner claims to have lodged a complaint before the Inspector-in-Charge, Sankrail P.S. stating that the 4^th respondent has forcibly taken possession of the tenanted premises and all the valuable documents, articles etc., are lying in the bed room of the tenanted premises.

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It is not in dispute that the title suit praying for declaration of tenancy right and for injunction being T.S. No. 354 of 2024 is pending before the learned Civil Judge (Junior Division), 5^th Court, Howrah. The alleged dispossession of the petitioner from the immovable property being a disputed question of fact requires a full fledged trial on evidence. The Writ Court cannot decide such dispute between private parties.

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Since the Civil Court is in seisin of the matter and

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it has been alleged that during the pendency of the said suit the petitioner has been forcibly evicted from the property, which is the subject matter of the civil suit, the petitioner is left free to approach the Civil Court for appropriate relief with regard to restoration of possession of the alleged tenanted premises.

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For the aforesaid reasons, this Court is not inclined to pass any order in this writ petition directing restoration of possession in favour of the petitioner.

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With the above observations and directions, the

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writ petition stands disposed of.

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There shall, however, be no order as to costs.

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(Hiranmay Bhattacharyya, J.)

Narendra Kumar Mishra v. State of West Bengal and Ors.

Case brief

What is this about?

What the court decided

Narendra Kumar Mishra v. State of West Bengal and Ors.

Case brief

What is this about?

What the court decided

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