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Calcutta High Court · body

2026 DAILYLAW 25864 (CAL)

SALMA KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/14018/2026 · 2026-06-30

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

48 rkd 30.06.2026 Ct.05 W.P.A. 14018 of 2026 Salma Khatun -vs- The State of West Bengal & Ors. Mr. Pawan Kumar Gupta, Mr. Sharadindu Patra, Ms. Sofia Nesan, Mr. Santanu Seth ….for the petitioner. Ms. Soma Mal ….for the respondent no.4. Mr. Rajdeep Mazumdfer, Mr. Anindya Sundar Das, Mr. Suraj Mishra ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By presenting this writ petition petitioner has prayed for direction upon the concerned police authorities which would facilitate the petitioner to raise construction. It is also submitted that private respondent no.4 is obstructing the petitioner from raising construction. 3. Respondent no.4 and State respondents are represented by learned advocates. 4. Learned advocate representing the respondent no.4 disputes the submission made on behalf of the petitioner. It is submitted that petitioner has no exclusive right over the land in question for raising construction. 5. It is also submitted that suit is pending before the civil court at the instance of respondent no.4 where petitioner is defendant. 6. State respondents are represented by Mr. Das, learned Additional Government Pleader who has filed a communication dated 30th June, 2026 of Inspector-in-Charge, Jagacha Police Station and same is taken on record. 7. Having considered the respective submissions made on behalf of the parties, it appears the issue involved in this writ petition pertains to civil in nature requiring the petitioner to approach appropriate forum. 8. Police authority is not the appropriate authority to decide inter se right of the parties over the land in question. 9. However, concerned police authority is directed to maintain peace and tranquility at the locale and to see no untoward incident takes place. 10. Writ petition stands disposed of. 11. However, this order shall not preclude the petitioner to approach civil court in pursuit of remedy. 2 12. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 3