27.07.2026 Sl. No. 13 Ct No. 5 SG WPA 15738 of 2026 Koushik Joarder Vs The State of West Bengal & Ors. Mr. Sujit Kr. Rath. …for the petitioner Mr. Sauvik Nandy, Sr. Adv. Mr. Dyutimoy Paul. …for respondent nos. 1 to 3 Mr. Sankar Paul, Ms. Kumari Shipra Roy. …for the respondent nos. 4 to 6 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Petitioner prays for direction upon the concerned police authorities to provide protection so that petitioner can stay at the premises in question. It is submitted on behalf of the petitioner that he has right to stay at the premises in question which is being prevented by the private respondents and petitioner was physically assaulted and threatened to that extent on 4th June, 2026. 3. Learned advocate representing State respondents has filed a communication dated 14th July, 2026 of Officer-in-Charge, Murutia Police Station and same is taken on record. Copies of the said communication are made over to the learned advocates representing the petitioner and private respondents. 2 4. It is disclosed in the communication that based on complaint lodged criminal prosecution being Murutia Police Station Case No. 183/2026 dated 21st June, 2026 was initiated and investigation is going on. 5. Private respondents are represented by learned advocate who submits that issue involved in this writ petition is civil in nature and in support of same reliance is placed on decree of civil court dated 30th January, 2017 whereby defendants in the suit were restrained from disturbing the plaintiff in enjoying peaceful possession over the suit property. 6. Having considered the respective submissions made on behalf of the parties, it appears that final order was passed by civil court on 30th January, 2017 thereby restraining the defendants from disturbing peaceful possession of the plaintiff over the suit property. On behalf of the petitioner nothing is shown which fortifies his right over the premises in question. However, it is made clear that Court is not deciding inter se right of the parties over the premises in question. Police authorities are not the appropriate authorities to decide right of the petitioner over the property in question. From the communication filed on behalf of the police authorities it appears a criminal prosecution being Murutia Police Station Case No. 183/2026 dated 21st June, 2026 was initiated, concerned police authorities are directed to take expeditious steps to complete the investigation and submit report before the jurisdictional magistrate. 3 7. Police authorities are also directed to maintain peace and tranquility at the locale and to see no untoward incident takes place. 8. Accordingly, writ petition stands disposed of. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)