95 Rkd 23.07.2026 Ct.05 W.P.A. 13873 of 2026 Sunil Polen & Anr. -vs- The State of West Bengal & Ors. Mr. Abhilash Chatterjee, Ms. Najmee Parveen ….for the petitioners. Mr. Asis Bhattachariyya, Mr. Biswajit Mitra ….for the respondent no.9. Mr. Suryaneel Das, Ms. Anita Kundu, Mr. Bhaskar Bhattacharyya ….for the State. 1. Matter is taken up for consideration in presence of the learned advocates representing the petitioners, respondent no.9 and State respondents. 2. Learned advocate representing the petitioners submits that concerned police authorities are taking steps which prevent the petitioner from raising construction. Prayer is made for giving direction upon the concerned police authorities which would facilitate the petitioners to raise construction on their land. 3. Learned advocate representing the State respondents has filed a communication dated 14th July, 2026 of Inspector-in-Charge, Sankrail Police Station and same is taken on record. Copies of the communication dated 14th July, 2026 are made over to the learned advocates representing the petitioners and respondent no.9. 4. It is disclosed in the communication dated 14th July, 2026 that respondent no.9 has instituted a suit being Title Suit No. 571 of 2026 and an ex parte ad interim order was passed in connection therewith on 18th May, 2026 by civil court thereby restraining petitioners being defendants therein from encroaching suit property for a specified period. 5. Learned advocate representing the respondent no.9 has disputed the case made out in this writ petition and it is contended that while making construction, petitioners are trying to encroach land of respondent no.9. 6. Having considered the respective submissions made on behalf of the parties and taking note of pendency of suit, petitioners are required to approach civil court seeking appropriate remedy which would permit them to raise construction. 7. Police authority is not the appropriate authority to decide the issue that while making construction, land is being encroached or not. 8. Hence, present writ petition is not interfered with 2 and same stands dismissed. 9. However, concerned police authority is directed to maintain peace and tranquility at the locale and to see no untoward incident takes place. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 3