09. 09. 19.08.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 18035 OF 2026 ABDUL KHALEK MONDAL AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sirsanya Bandopadhyay, Adv. Mr. Avik Ghatak, Adv. Mr. S. Middey, Adv. Mr. Soham De Dhara, Adv. Mr. Rahul Kumar Singh, Adv. …For Petitioners Dr. Madhusudan Saha Ray, Adv. Mr. Deonath Sonkar, Adv. …For State Mr. Manik Das, Adv. Mr. Arindom Chatterjee, Adv. …For Respondent Nos.7, 8 & 10-12 Mr. Siddhartha Sankar Mandal, Adv. Ms. Sharmistha Dhar, Adv. …For Respondent No.18 1. A case is made out in this writ petition that private respondents, who are not parties to Title Suit no.797 of 2024 which is pending before Civil Judge (Junior Division), 2nd Court, Baruipur, South 24 Parganas, are trespassing on the land of petitioners which restraints petitioners from enjoying peaceful possession over the said land in question. 2. Prayer is made in this writ petition for directing the concerned police authorities to take steps which would permit petitioners to enjoy peaceful possession over the land in question. 3. It is submitted on behalf of petitioners that in Title Suit no.797 of 2024 an ad interim order of injunction was passed on 8th October, 2024 thereby directing defendants not to disturb peaceful possession of the plaintiffs over the suit property. Alleging violation of [2] that ad interim order of injunction application is filed by petitioners before the Civil Court seeking police help for ensuring peaceful possession over the land in question. 4. State respondents and private respondents are represented by learned advocates. 5. A communication dated 28th July, 2026 of Inspector- in-Charge, Narendrapur Police Station is filed today and same is taken on record. Copies of such communication are made over to the learned advocates representing petitioners and private respondents. 6. It is disclosed in the said communication dated 28th July, 2026 that the dispute in between petitioners and private respondents is civil in nature requiring petitioners to approach Civil Court. It is also stated therein that on 6th July, 2026 considering the situation prevailing at the land in question petitioners had to be escorted out and taken to police station and in this regard one GD Entry was made being no.479 dated 6th July, 2026. 7. Learned advocates representing private respondents dispute submissions made on behalf of petitioners and it is submitted that the land over which petitioners are claiming possession is being used as pathway subject to permission accorded by petitioners. 8. Having considered the respective submissions made on behalf of parties, Court finds that the issue involved in this writ petition is civil in nature requiring petitioners to approach appropriate forum. Police authority is not the appropriate authority to [3] decide right of the petitioners over the land in question. 9. Court is also apprised by Mr. Sirsanya Bandopadhyay, learned advocate representing petitioners that step has been taken by filing an appropriate application alleging violation of ad interim order of injunction dated 8th October, 2024 passed by the Civil Court in Title Suit no.797 of 2024. 10. During pendency of such application, it would not be apt for this Court to make observation with regard to inter se right of the parties over the land in question. 11. With the above observations writ petition stands disposed of. 12. However, this order shall not preclude petitioners to take steps, in accordance with law. 13. Concerned police authorities are directed to maintain peace and tranquility at the locale and to see that no untoward incident takes place. 14. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)