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Calcutta High Court · body

2026 DAILYLAW 29800 (CAL)

PARASAR BAG v. STATE OF WEST BENGAL AND ORS.

WPA/6009/2026 · 2026-07-24

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1152. 1152. 24.07.2026 (M/L) (M/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. 6009 OF 2026 PARASAR BAG VS. THE STATE OF WEST BENGAL AND OTHERS …………… Md. Younush Mondal, Adv. …For the State Mr. Suryaneel Das, AGP Ms. Suchitra Sinha Chatterjee, Adv. Mr. Chiranjit Pal, Adv. …For the State Mr. Anujit Mookherji, Adv. Mr. Prithish Chandra, Adv. …For the Respondent No.5 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Petitioner prays for direction upon the concerned police authority which would permit the petitioner to enjoy possession over the premises in question. In support such contention, reliance is placed on order passed by the Civil Court on 28th August, 2025 in Title Suit No.311 of 2023 whereby ad interim order of injunction passed on 8th September, 2023 directing the parties to maintain status quo in relation to plaintiff’s possession over the suit property was vacated. 3. State respondents and respondent no.5 are represented by learned advocates. 4. It appears from submission made on behalf of respondent no.5 that respondent no.5 being plaintiff in the aforesaid title suit is daughter of the petitioner. 5. If ad interim order of status quo relating to possession of respondent no.5 being plaintiff therein is vacated vide subsequent order of the Civil Court dated 28th [2] August, 2025, in that event, it is not substantiated that petitioner has possession over the suit property. 6. Mr. Das, learned Additional Government Pleader representing the State respondents has filed a communication dated 24th July, 2026 of Inspector-in- Charge, Bidhannagar South Police Station, Bidhannagar Police Commissionerate and same is taken on record. It is also contended on behalf of the State respondents that issue involved in this writ petition is civil in nature. 7. In order to assert right of petitioner over the suit property and for adjudication of the issue as to which party shall have possession over the said property during pendency of the aforesaid title suit, approach needs to be made before the Civil Court. Police authority is not the appropriate authority to decide the issue highlighted in this writ petition. 8. Hence, present writ petition is not interfered with and same stands dismissed. 9. However, this order shall not preclude petitioner 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.)