how to file writ petition for property dispute in Kolkata high court
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A writ petition for a property dispute in Kolkata can be filed before the Calcutta High Court under Article 226 of the Constitution if the dispute involves a violation of fundamental rights or action by a state authority. The petition can seek mandamus, certiorari, prohibition, quo warranto, or habeas corpus depending on the nature of the grievance. The Calcutta High Court has held that writ jurisdiction is discretionary and should not be invoked for private property disputes unless there is a public law element. West Bengal Premises Tenancy Act 1997 may provide additional administrative remedies or tribunals that must be exhausted before filing a writ petition in West Bengal. The petition must be filed with an affidavit, supporting documents, and court fees. The court may issue notices to the respondents and direct them to file a counter-affidavit. The writ petition is disposed of after hearing both parties and can be decided expeditiously compared to a regular civil suit.
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