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2026 DAILYLAW 32344 (CAL)

DEBASISH MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/17929/2026 · 2026-08-06

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14 0066..0088..22002266 Ct. No. 05 adeb WPA 17929 of 2026 Debasish Mondal Vs. The State of West Bengal & Ors. Mr. Nirmalendu Bera Mr. Gora Chand Samanta …for the petitioner Ms. Ranjana Chatterjee Mr. Sanju Agarwal …for the State Mr. Partha Sarathi Mondal …for the respondent nos. 5 & 6 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing petitioner submits that in spite of ad interim order of injunction passed by Civil Court in Title Suit No. 275 of 2025 instituted by the petitioner said order is not complied with and private respondents are cultivating the land in violation of the said ad interim order. Petitioner prays for direction upon the concerned police authorities which would prevent private respondents from cultivating the land in question. 3. State respondents and respondent nos. 5 and 6 are represented by learned advocates who have 2 jointly submitted that issue involved in this writ petition is civil in nature. 4. Having considered the respective submissions made on behalf of the parties it appears that ex parte ad interim injunction was passed on 3rd September, 2025 by the Civil Court directing parties to maintain status quo. If in violation of such order respondents are taking steps in that event petitioner being defendant therein is required to approach Civil Court in pursuit of remedy. Police authority is not the appropriate authority to decide whether respondents are taking steps in connection with land in question which is contrary to ad interim order of injunction dated 3rd September, 2025 or not. 5. Hence, present writ petition is not interfered with and same stands dismissed. 6. However, this order shall not preclude the petitioner to approach Civil Court in pursuit of remedy. 7. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)