The issue of title and entitlement of the appellant to have possession of the entire 1st floor of the premises is a factual dispute for which the appellant is required to approach the appropriate forum in accordance with law: Calcutta High Court
The Calcutta High Court opined the above-mentioned in the case of Arun Kumar Sadhu vs The State Of West Bengal And Ors, MAT 1365 of 2022 With CAN 1 of 2022 With CAN 2 of 2022, before the Honourable Justice Shubendu Samanta and Justice Prakash Srivastava on 23rd December 2022.
FACTS OF THE CASE
The ruling of the learned Single Judge of 8th of June 2022, by which WPA 21093 of 2021 has been disposed of with specific directions, has been contested by the writ petitioner through this intra-court appeal. Due to the 34-day delay in submitting the appeal, the appellant submitted CAN 1 of 2022 asking for the delay to be excused. Given the explanations provided in the application and submission by the knowledgeable counsel for the appellant, CAN 1 of 2022 is approved, and the appeal’s filing delay is excused.
MAT 1365 of 2022, as well as the appellant’s and his wife’s advanced age. A further argument was made that the appellant is the home’s owner at holding number 141/23 in Ward 9 of Suri Municipality. The first floor of the house is allegedly being occupied forcibly by respondent no. 5, therefore the appellant is living in alternate housing and despite complaints to the authorities, nothing was done.
JUDGEMENT OF THE CASE
The Division Bench of this Court also published a report in 2014 SCC OnLine Case Number 10724 in the case of Smt. Papiya Sengupta (nee Mukherjee) vs. State of West Bengal and Others, in which the daughter-in-law filed a writ petition alleging harassment and torture. And it was determined that the petitioner could not have received the relief he or she wished for, as numerous contested issues relating to the right to occupy real property cannot be resolved in writ jurisdiction, and that writ cannot be considered an acceptable remedy in such a private dispute.
As a result, given the aforementioned legal situation, the requested relief cannot be granted under writ jurisdiction. The Court believes that there is no need to interfere with the learned Single Judge’s order as a result. As a result, the appeal is denied.
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JUDGEMENT REVIEWED BY SAYANTANI RAKSHIT