RAJIB HASAN AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/5249/2026 · 2026-07-08
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27131 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27131 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
74 0088..0077..22002266 Ct. No. 05
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WPA 5249 of 2026
Rajib Hasan & Anr. Vs. The State of West Bengal & Ors.
Mr. Sujoy Bandyopadhyay
Mr. Jogajyoti Das
Mr. Subhomoy Dutta
….for the petitioners
Mr. Suryaneel Das
Ms. Anita Kundu
Ms. Sumita Sarkar
…for the State
Mr. Mritunjoy Chatterjee
…for the respondent nos. 13 to 23
1. Matter is heard in presence of learned advocates representing petitioners, State respondents and respondent nos. 13 to 23.
2. Dispute cropped up regarding right of the petitioners and private respondents over land in question and whether madrasah authority is having absolute right over the land to raise construction.
3. Mr. Das, learned Additional Government Pleader representing State respondents has filed a communication dated 7th July, 2026 of Inspector-in-Charge, Malda Police Station and same is taken on record. Copies of the said communication dated 7th July, 2026 are made
2 over to the learned advocates representing petitioners and respondent nos. 13 to 23.
4. It is disclosed in the communication dated 7th July, 2026 that some of the private respondents instituted a suit being Title Suit No. 135 of 2026 before learned Civil Judge, Senior Division, 1st Court, Malda.
5. Since issue relating to right of the petitioners and respondent nos. 13 to 23 over the land in question is an issue in the aforesaid suit, at this stage no direction is warranted upon the concerned police authorities to take steps in order to facilitate madrasah authorities to raise construction. However, petitioners shall be at liberty to approach Civil Court in pursuit of remedy.
6. Police authorities are directed to maintain peace and tranquility at the locale and to see that no untoward incident takes place.
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.)