Dalim Bala Manna Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Dalim Bala Manna Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with the direction that the petitioner may seek redressal in the pending civil suit, while the police authority keeps strict vigil over the area and ensures maintenance of law and order; no order as to costs.

Issue for consideration

Whether the petitioner's grievance regarding disturbance of her possession and threats by respondents nos. 8 to 10 can be redressed through the writ petition, given that the dispute appears civil in nature and a civil suit between the parties is already pending. +1 more

Court's answer

The dispute between the parties is civil in nature; since a civil suit is pending between them, the petitioner is at liberty to approach that Court for redressal of her grievance, and accordingly the writ petition is disposed of on that basis.

Ratio / Principle

Pending redressal, the police authority is directed to keep strict vigil over the area to avoid any untoward incident and to ensure maintenance of law and order in view of the strained relationship between the parties.

Detailed headnote1 paragraphs

Writ petition (WPA 12196 of 2025, decided December 10, 2025, Suvra Ghosh, J.) concerning a property whose vendor conveyed it by registered deed to petitioner Dalim Bala Manna, but whose wife and son later sold the same property to respondent no. 8 (a broker), who in turn sold it to respondent nos. 9 and 10; the respondents allegedly disturbed the petitioner's peaceful possession and made threats, prompting a complaint to police (a specific case was started and investigation was in progress) alongside a pending civil suit. Holding the dispute civil in nature, the court disposed of the writ petition, directing the petitioner to the pending civil suit for redressal, and meanwhile directed the police authority to keep strict vigil over the area to avert untoward incidents and ensure law and order. No order as to costs; since no affidavit was invited, the allegations in the petition were deemed not to have been admitted.

December 10, 2025 (11) ARDR

WPA 12196 of 2025

Dalim Bala Manna Vs.

The State of West Bengal & ors.

Adv. Dipanwita Ganguly, Adv. Susmita Chatterjee, Adv. Arpita Chakraborty, Adv. Masum Tarafdar,

Adv. Smita Pal,

… for the petitioner. ...for the respondent nos. 4 to 10.

Adv. Lalit Mohan Mahata, Adv. Prasanta Behari Mahata,

…for the State.

Affidavit of service filed by the petitioner and the report submitted by the State are taken on record.

Learned counsel for the petitioner submits that the vendor of the petitioner sold out the property in question to the petitioner by virtue of a registered deed. However, the vendor’s wife and son sold out the same property to the 8^th respondent who is a broker who, in turn, sold out the same to the 9^th and 10^th respondents. These respondents are disturbing the peaceful possession of the petitioner in the property in question and are threatening her with dire consequences for which the petitioner lodged a complaint before the police authority. A civil suit is also pending between the parties.

Learned counsel for the private respondents denies and disputes the allegations made by the petitioner.

Learned counsel for the State submits that a specific case has been started pursuant to the complaint lodged by the petitioner and investigation is in progress.

2

The dispute between the parties appears to be civil in nature. Since the civil suit is pending, the petitioner is at liberty to approach the said Court for redressal of her grievance.

In the meantime, the police authority is directed to keep strict vigil over the area in order to avoid any untoward incident and to ensure maintenance of law and order in view of the strained relationship between the parties.

With the aforesaid direction, the writ petition is disposed of.

There shall however, be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)