17 1133..0088..22002266 Ct. No. 05 adeb WPA 19050 of 2026 Atahar Hossain @ Atahar Hossain Dalal Vs. The State of West Bengal & Ors. Ms. Ayasha Najrin Ms. Mehabuba Rahaman Mr. Oishik Chatterjee …for the petitioner Mr. Biswanath Banerjee Mr. Yudhisthir Maity …for the State Mr. Ivan Roy …for the respondent nos. 5 to 15 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. It is submitted on behalf of petitioner that petitioner found it difficult to stay at his residence and was compelled to stay elsewhere. But subsequently petitioner came back to his residence and presently residing at his residence. 3. Alleging disturbance made by private respondents a complaint was lodged and it is submitted that there is inaction on the part of police authorities in taking steps based on such complaint. 4. Prayer is also made for issuing direction upon the concerned police authorities to take steps 2 which would permit the petitioner to stay at his residence peacefully. 5. State respondents and private respondents are represented by learned advocates. 6. Learned advocate representing respondent nos. 5 to 15 has disputed submission made on behalf of petitioner and it is submitted that petitioner was never disturbed by the private respondents while his stay at the residence. 7. It is also contended that Partition Suit being No. 127 of 2025 was instituted by the private respondents and in connection therewith an ad interim order of injunction was passed by the Civil Court directing the parties to suit to maintain status quo. 8. State respondents are presented by learned advocate who has filed a communication dated 5th August, 2026 of Officer-in-Charge, Swarupnagar Police Station and same is taken on record. Copies of communication dated 5th August, 2026 are made over to the learned advocates representing petitioner and private respondents. 9. It is disclosed that based on complaint lodged by the petitioner a criminal prosecution being Swarupnagar Police Station Case No. 389 of 2026 dated 2nd August, 2026 has been 3 initiated under certain provisions of BNS and investigation is going on. 10. In view of registration of FIR by the concerned police authority based on complaint lodged by the petitioner at this stage it ought not to be inferred that there is inaction on the part of police authority. 11. However, police authorities are directed to maintain peace and tranquility at the locale and to see that no untoward incident takes place. 12. So far right of the petitioner to stay at the residence, police authority is not the appropriate authority to decide the same in view of pendency of partition suit before the Civil Court. 13. In this regard petitioner is required to approach Civil Court in pursuit of remedy. 14. Writ petition stands disposed of. 15. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)