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Calcutta High Court · body

2026 DAILYLAW 28131 (CAL)

BASANTI GHOSH v. STATE OF WEST BENGAL AND ORS.

WPA/15183/2026 · 2026-07-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16. 14.07.2026. Court No.05. (Pritam) WPA 15183 of 2026. Basanti Ghosh -Vs.- State of West Bengal & Ors. Mr. Partha Chakraborty, Ms. Monisha Chatterjee, Ms. Reshmi Nehar. ......for the petitioner. Mr. Suryaneel Das, Ld. AGP., Ms. Suchitra Sinha Chatterjee, Mr. Chiranjit Pal. .....for the State. Mr. Loknath Chatterjee, Ms. Ankita Das, Ms. Avantika Kahar, Mr. Debarshi Das. ......for the respondent no.5. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that possession of the land in question is being disturbed by the respondent no.5 prompting the petitioner to file this present writ petition seeking direction upon the concerned police authority, which would facilitate the petitioner to enjoy peaceful possession over the land in question. 3. Mr. Chatterjee, learned advocate for the respondent no.5 and Mr. Das, learned Additional Government Pleader representing the State respondents have jointly opposed the writ petition and it is submitted 2 that the issue involved in this writ petition is civil in nature. 4. It is submitted on behalf of the respondent no.5 that land in question was requisitioned by the concerned State authority. Therefore, right as claimed by the petitioner over the land in question cannot survive. 5. Having considered the respective submissions made on behalf of the parties, it is found that petitioner is aggrieved by the alleged disturbance made by the private respondent in peaceful possession of the land in question. If possession of the petitioner over the land in question is disturbed, in that event petitioner is required to approach the appropriate forum in accordance with law. Police authority is not the appropriate authority to decide right of the petitioner over the land in question. 6. Hence, no relief can be granted to the petitioner and the writ petition stands dismissed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)