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Calcutta High Court · body

2026 DAILYLAW 29545 (CAL)

KARTIC GUHA AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/16039/2026 · 2026-07-22

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16. 16. 22.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 16039 OF 2026 KARTIC GUHA AND OTHERS VS. STATE OF WEST BENGAL AND OTHERS …………… Mr. Asim Datta, Adv. Ms. Tina Biswas, Adv. …For the Petitioners Mr. Lokenath Chatterjee, Jr. SC Mr. Pradip Paul, Adv. Mr. Rhitam Chatterjee, Adv. …For the State Mr. Souradeep Banerjee, Adv. Mr. S. K. Banerjee, Adv. Ms. S. Sinha, Adv. …For the Respondent Nos.6, 8 & 9 1. Matter is heard in presence of the learned advocates representing the petitioners, State respondents and respondent nos.6, 8 and 9. 2. Learned advocate representing the petitioners submits that petitioners’ right over the land in question is being disturbed by the private respondents. It is submitted that petitioners have absolute right over the land in question. 3. Orders passed by the co-ordinate Benches on different writ petitions filed by the petitioners and private respondents are relied upon. 4. Mr. Chatterjee, learned advocate representing the State respondents has submitted that the issue involved in this writ petition is civil in nature. 5. Learned advocate representing the respondent nos.6, 8 and 9 has disputed the submission made on behalf of the petitioners that petitioners have right over the land in question. [2] 6. Having considered the rival submissions made on behalf of the petitioners and respondent nos.6, 8 and 9, it appears that the issue needs to be decided by the Civil Court, if rights of the respective parties are asserted. 7. Police authority is not the appropriate authority to decide inter se right of the parties over the land in question. 8. Hence, Court is not inclined to interfere with the writ petition and same stands dismissed. 9. However, this order shall not preclude the petitioners to approach appropriate forum in pursuit of remedy. 10. Urgent photostat certified copy of the order, if applied for be given to the parties upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)