Extracted from the PDF above. The PDF is authoritative.
9 0077..0077..22002266 Ct. No. 05
adeb
WPA 13922 of 2026
Amir Hossain Vs. The State of West Bengal & Ors.
Ms. Somoshree Saha
…for the petitioner Mr. Suryaneel Das Ms. Suchitra Sinha Chatterjee Ms. Sumita Sarkar
…for the State
1. Matter is heard in presence of the learned advocates representing petitioner and State respondents.
2. Petitioner complains of inaction on the part of the police authorities in spite of lodging complaint. It is also alleged that respondent no. 6 is making unauthorized construction prompting the petitioner to approach this Court with the present writ petition and seeking direction upon the concerned police authorities.
3. State respondents are represented by Mr. Suryaneel Das, learned Additional Government Pleader who submits that issue involved in this writ petition is civil in nature as one Title Suit no. 102 of 2026 is pending before the Civil Court and grievance of the
2 petitioner is unauthorized construction at the instance of private respondent.
4. Having considered the submissions made on behalf of the parties it appears that an ad interim injunction was passed by Civil Court in the Title Suit No. 102 of 2026 on 20th April, 2026 directing the parties to maintain status quo in respect of nature, character and possession of the suit property. Such order of status quo without defining respective rights of the parties over the suit property does not even at the interim stage decide right of the parties requiring issuance of mandamus upon the concerned police authorities to implement said order date 20th April, 2026. In this regard reliance is placed on a judgment of coordinate bench reported in 2016 SCC OnLine Cal 2683 (Sri Soumitra Bandopadhya & Anr. Vs. State of West Bengal & Ors.).
5. Hence, petitioner is required to approach Civil Court in pursuit of remedy. If it is found by the petitioner that unauthorized construction is being carried out by the respondent no. 6, petitioner needs to approach local authorities for determining nature of such construction.
6. Concerned police authorities are directed to maintain peace and tranquility at the locale and to see no untoward incident takes place.
3
7. Writ petition stands disposed of.
8. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)