Full Judgment
T.
No.305 of 2014 WP No.985 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT.
MITA DE & ANR.
Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 22nd October, 2014.
Appearance Mr.Partha Chakraborty, Adv.Mr.Jayanta Mukherjee, Adv.…Petitioners Mr.Prithu Dudhoria, Adv.Mr.Arindam Mandal, Adv.…State The Court : Mr.Partha Chakraborty, learned Counsel appears on behalf of the petitioneRs.Mr.Prithu Dudhoria, learned Counsel appears on behalf of the State respondents.
The petitioners submit that disputes have cropped up in respect of the subject premises located at 28A, Brojo Nath Mitra Lane, Kolkata-700 009.
He further submits that he apprehends threat of dispossession from the subject premises.
Learned Counsel for the State submits that a proceeding under Section 144(2) Cr.P.C.being Case No.744/2014 is pending in respect of the subject premises in the Court of the learned 3rd Executive & Metropolitan Magistrate, Calcutta.
He refers to the report of the police authority in respect of the said subject premises and such report has been submitted before the learned Magistrate.
The report produced before this Court today be kept with the records.
In the above premises, this Court is satisfied that steps have been taken before the court of the competent learned Magistrate in accordance with law in connection with the disputes between the parties arising out of the subject premises.
This Court is further satisfied that this matter be heard on affidavits.
Accordingly, let affidavit-in-opposition be filed within two weeks upon the reopening of the Court after the long annual vacation of the year 2014.
Affidavit-in-reply be filed within a week thereafter.
Let the matter appear before the regular Bench on completion of the period granted for filing of affidavits as above.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SUBRATA TALUKDAR, J.) sg/dg2.