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2026 DAILYLAW 32647 (CAL)

MD. OBAIDULLAH BAIDYA v. STATE OF WEST BENGAL AND ORS.

WPA/17917/2026 · 2026-08-06

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12 0066..0088..22002266 Ct. No. 05 adeb WPA 17917 of 2026 Md. Obaidullah Baidya Vs. The State of West Bengal & Ors. Ms. Aireen Begum Mr. Mustafijur Rahaman Mr. Dip Dutta …for the petitioner Mr. Mukteswar Maity Ms. Manika Sarkar …for the respondent nos. 4 to 6 Mr. D.N. Roy Mr. Guddu Singh Mr. Sourav Haldar …for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By presenting this writ petition, inter alia, petitioner prayed for direction upon the concerned police authorities thereby restraining private respondents from evicting the petitioner from the property in question. In this regard it is also submitted that representation was made to the concerned police authorities on 24th June, 2026 by the petitioner. 3. Learned advocates representing State respondents and respondent nos. 4 to 6 have opposed this writ petition and it is jointly 2 submitted that issue involved in this writ petition is civil in nature. 4. It is also submitted on behalf of respondent nos. 4 to 6 that Title Suit being No. 141 of 2008 for partition and injunction is pending before the Civil Court which was instituted by the private respondents wherein petitioner is defendant. 5. It is also submitted on behalf of the parties that there is an order of status quo. 6. Having considered the respective submissions made on behalf of the parties and taking note of pendency of partition suit, petitioner needs to approach Civil Court in pursuit of remedy, if it is apprehended that in spite of order of status quo there is possibility of eviction of the petitioner. Police authority is not the appropriate authority to decide right of the parties over the property in question. 7. Hence, present writ petition is not interfered with and same stands dismissed. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)