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Calcutta High Court · body

2026 DAILYLAW 29816 (CAL)

CHHATU DAS v. STATE OF WEST BENGAL AND ORS.

WPA/16591/2026 · 2026-07-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29. 23.07.2026. Court No.05. (Pritam) WPA 16591 of 2026. Chhatu Das. -Vs.- State of West Bengal & Ors. Mr. Md. Ahsanuzzaman Ms. Dipa Bhattacharya. ......for the petitioner. Mr. D.N. Ray, Ld. G.P., Mr. Partha Sarathi Basu, Mr. Amit Kr. Roy. ......for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner prays for direction upon the concerned police authorities to take steps in order to protect the right of the petitioner being co-sharers over un-partitioned property in question. It is also submitted that other co-owners are disturbing peaceful possession of the petitioner over his share of property. 3. State respondents are represented by learned advocate. 4. Having considered the case made out in this writ petition and taking note of the complaint dated 20th April, 2026 made to the concerned police authorities, it is found that property in question is un-partitioned property and petitioner and private respondents are co-owners. If property is not partitioned, in that event 2 parties are required to approach the civil court in pursuit of remedy. Police authorities are not appropriate authorities to decide which portion of the property belongs to whom. 5. Hence, present writ petition is not interfered with and same stands dismissed. 6. However, this order shall not preclude the petitioner to take steps in accordance with law, if so advised. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)