MD. ABDUL HASHEM HALDER v. STATE OF WEST BENGAL AND ORS.
WPA/18303/2026 · 2026-08-07
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33618 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33618 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
04.
04. 07.08.2026 (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. 18303 OF 2026 MD. ABUL HASHEM HALDER VS.
STATE OF WEST BENGAL AND OTHERS …………… Mr. Sanjib Kumar Mukhopadhyay, Adv. Ms. Nargish Parveen, Adv. Ms. Parna Ray, Adv. …For Petitioner Mr. Ranjan Kumar Sinha, Adv. Mr. Abhik Sarkar, Adv. …For State Mr. K. Basak, Adv. Mr. Shibendra Nath Chatterjee, Adv. …For Private Respondents
1. Affidavit-of-service filed on behalf of petitioner is taken on record.
2. A case is made out in this writ petition seeking direction upon the concerned police authority to take steps which would permit petitioner to raise boundary wall around the land in question.
3. State respondents and respondent nos.5 to 8 are represented by learned advocates who have jointly opposed this writ petition and it is submitted that issue involved in this writ petition is civil in nature.
4. Having considered the respective submissions made on behalf of parties and on perusal of paragraph nos.5, 6 and 7 of the writ petition, it appears that a decree was passed by Civil Court on a Title Suit no.24 of 1995 against which petitioner along with others preferred title appeal which was dismissed by the Appellate Court vide judgment and decree dated 6th May, 2017.
[2]
5. Therefore, police authority is not the appropriate authority to decide right of petitioner over the land in question and in the event petitioner finds his right over the land in question is being denied, petitioner needs to approach Civil Court in pursuit of remedy.
6. Hence, writ petition is not interfered with and same stands dismissed.
7. However, this order shall not preclude petitioner to approach appropriate forum, in accordance with law.
8. Parties to act on the server copy of this order duly downloaded from the official website of this court.
(SAUGATA BHATTACHARYYA, J.)