22 Ranajit (AR.CT) 19.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 19569 OF 2026 Mozzammel Sardar -vs- The State of West Bengal & Ors. Ms. Debosri Chatterjee ….for the petitioner. Mr. Tapan Kumar Mahaptra ….for the respondent no.6. Ms. Soma Chakraborty, Mr. Dilip Kumar Shyamal ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Petitioner has prayed for direction upon the concerned police authorities to provide protection which would enable petitioner to cultivate land in question. 3. Reliance is placed on order dated 21st January, 2026 passed by civil court in Title Suit No.231/16 whereby said Title Suit was dismissed. 4. Learned advocate representing respondent no.6 has disputed submission made on behalf of petitioner and it is submitted that Title Suit No.231/16 was not dismissed declaring right of petitioner over the land in question. It was dismissed on a separate ground i.e. whether the suit property is waqf property or not and whether plaintiff is Mutuwali in connection with said property or not. 5. It is also submitted that after dismissal of aforesaid suit by civil court on 21st January, 2026 a proceeding was drawn up before Waqf Tribunal and same is pending. 6. State respondents are represented by learned advocates and it is contended that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum. 7. Having considered respective submissions made on behalf of parties, it is found that petitioner is claiming right over an agricultural land. If petitioner finds that his right to cultivate said land is being infringed by private respondents, in that event petitioner needs to approach appropriate authority/forum. 8. Police authority is not appropriate authority to decide whether petitioner is having right to cultivate land in question. 9. Hence, present writ petition is not interfered with and same stands dismissed. 10. However, this order shall not preclude petitioner to take steps in accordance with law, if so advised. 11. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2