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2026 DAILYLAW 33847 (CAL)

BANGLAR BONDU v. STATE OF WEST BENGAL AND ORS.

WPA/12429/2026 · 2026-08-05

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

127 Ranajit (AR.CT) 05.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 12429 OF 2026 Banglar Bondu -vs- The State of West Bengal & Ors. Mr. Satadru Lahiri, Mr. Safdar Azam, Ms. Poulam Dey ….for the petitioner. Mr. Suryaneel Das, Ms. Marry Datta, Ms. Anita Kundu ….for the State. 1. Matter is heard in presence of the learned advocates representing the petitioner and State respondents. 2. Learned advocate representing the petitioner submits that petitioner is prevented by local persons from raising boundary wall around land in question. It is also submitted that possession of petitioner over the land in question is also being disturbed. 3. Mr. Das, learned Additional Government Pleader representing the State respondents opposes this writ petition and submits that issue involved in this writ petition is civil in nature requiring petitioner to approach different forum. It is submitted that property in question is joint property. Therefore, the gift deed which is relied upon by the petitioner being annexed to this writ petition does not confer right upon the petitioner to enjoy possession over the land in question. 4. While answering the point raised on behalf of the State respondents, reliance is placed on order passed by the civil court dated 10th February, 2020 in Title Suit No.139/2020. 5. On perusal of order dated 10th February, 2020 of civil court, it appears that defendants in the said Title Suit were restrained from interfering with the construction of boundary wall by the plaintiff in the suit property till 13th March, 2020. However, nothing is shown that after 13th March, 2020 ad interim order of injunction dated 10th February, 2020 was extended. 6. If this Court proceeds on the premise that ad interim order of injunction dated 10th February, 2020 was subsequently extended, in that event also petitioner needs to approach civil court in pursuit of remedy. 7. Police authority is not appropriate authority to decide right of the parties over the property in question. 8. Hence, present writ petition is not interfered with and same stands dismissed. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2