ANUP SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated 21st July, 2006 passed by a learned single Judge, by which His Lordship refused to entertain the writ application on the ground that the dispute involved in the writ petition was of civil in nature.

(2.) Being dissatisfied the writ petitioner has come up with the present mandamus appeal.

(3.) The appellant filed the aforesaid petition alleging the private respondents forcibly entered into the disputed property of which the appellant is the owner on 22nd April, 2005, as a result in the past, he approached this Court in writ jurisdiction which was disposed of by a learned single Judge thereby directing the Officer in charge of the concerned police station to drive away the private respondent and to put the appellant into possession. According to the appellant, pursuant to such order he got possession. On 14th July, 2003 the private respondent again entered into the disputed property by dispossessing the writ petitioner and thereafter filed a suit being suit No.36 of 2003, and on 30th April, 2004 such suit has been ultimately dismissed on contest.