Extracted from the PDF above. The PDF is authoritative.
22 Ranajit (AR.CT)
13.08.2026 Ct.05
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 19174 OF 2026 Md. Aamiruzzaman -vs- The State of West Bengal & Ors. Mr. Srijib Chakraborty, Mr. Abdul Zahid, Mr. Amartya Basu ….for the petitioner. Mr. Shamba Chakraborty, Mr. Diptomoy Talukder, Mr. Md. Rehan ….for the respondent nos.6 to 10. Mr. D. N. Ray, Mr. Anindya Basu, Mr. Partha Sarathi Basu ….for the State.
1. Affidavit-of-service filed on behalf of the petitioner is taken on record.
2. Mr. Chakraborty, learned advocate representing petitioner submits that there are police atrocities prompting petitioner to approach this Court with the present writ petition seeking direction upon the police authorities to take steps as per norms.
3. According to petitioner, certain steps are being taken by the police authorities which they are not authorized to take requiring intervention of this Court in exercise of jurisdiction under Article 226 of the Constitution of India.
4. However, learned advocate representing respondent nos.6 to 10 submits that a Title Suit being No.60/2025 was instituted before Civil Judge (Junior Division), 1st
Court, Sealdah and at ad interim stage certain orders were passed including directions upon the parties to maintain status quo in respect of possession and maintenance with regard to suit property. It is further submitted that issue revolves around management of a private unaided school and there are two rival groups claiming authority to run the institution.
5. What is striking as it emanates from the submissions made on behalf of respondent nos.6 to 10 that police authorities are taking steps in terms of order passed by civil court on 31st March, 2026. Order passed by Civil Judge (Junior Division), 1st Court, Sealdah being No.16 dated 31st March, 2026 is placed before this Court and same is taken on record.
6. On perusal of such order, it appears that it was complained of before the civil court that there is violation of order at the instance of defendant being the petitioner herein seeking necessary direction in the proceeding which was continuing before the civil court. Accordingly, there was a direction upon the police authorities to provide assistance for compliance of
order passed by civil court.
7. State respondents are represented by learned Government Pleader who submits that steps are being taken in terms of order dated 31st March, 2026.
8. From the respective submissions made on behalf of the parties, it appears that concerned police authorities are authorized to take steps in terms of order passed 2
by civil court and to see that order of the civil court is not violated. But while taking steps police authorities are required to follow established practice and police authorities ought not to go beyond the propriety.
9. If presence of petitioner is necessary before the police authority, appropriate notices shall be issued requiring presence of petitioner in the police station within the prescribed time.
10. Police authorities while dealing with the issue are
directed to preserve CCTV footage.
11. In view of certain orders passed by civil court, this Court does not find it necessary to make further observations with regard to steps taken by the concerned police authorities. Police authorities are at liberty to take steps for ensuring compliance of order of civil court.
12. With the aforesaid observations, writ petition stands
disposed of.
13. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3