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Calcutta High Court · body

2026 DAILYLAW 31072 (CAL)

SUMITRA HALDER v. THE STATE OF WEST BENGAL AND ORS.

WPA/17101/2026 · 2026-07-29

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.07.2026 Item no.DL 11 Court No. 05 Asraf, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 17101 of 2026 In the matter of : SMT. SUMITRA HALDER … Petitioner VS. THE STATE OF WEST BENGAL & ORS. … Respondents For the Petitioner : Mr. Sandip Ghosh Mr. Partha Sarkar … Advocates For the State : Mr. Partha Chakraborty Ms. Riya Ballav … Advocates For the Private Respondents : Mr. Ankit Banerjee Ms. Seuli Banerjee … Advocates 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. A case is made out thereby seeking direction upon the concerned police authorities which would permit the petitioner to stay at the premises in question where petitioner stayed till 2015. It is submitted that petitioner has acquired right in connection with the premises in question by adverse possession. 3. Private respondents and State respondents are represented by learned advocates and on their Page 2 behalf present writ petition is opposed on the count that issue involved in this writ petition is civil in nature. 4. From the respective submissions made on behalf of the parties, it appears that petitioner prays for a direction upon the concerned police authorities for taking necessary steps which would facilitate the petitioner to stay at the premises in question. Police authority is not the appropriate authority to decide right of the petitioner over the said premises where he stayed up to 2015. If petitioner’s right to stay at the residence is denied, in that event petitioner needs to approach civil Court in pursuit of remedy. 5. Hence the present writ petition is not interfered with and the same stands dismissed. 6. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Saugata Bhattacharyya, J. )