13.08.2026 12 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 18974 of 2026 Gobinda Debnath & Anr. –Versus – The State of West Bengal & Ors. Mr. Manas Kumar Das Mr. M. Hossain ….for the petitioners Mr. Samrat Mukherjee Mr. Deb Kumar Chandra ……for the State respondents 1) Affidavit of service filed on behalf of the petitioners is taken on record. 2) By presenting this writ petition, petitioners have prayed for direction upon the concerned police authorities which would facilitate them to enjoy peaceful possession over the property in question. However, it is contended that a partition suit has been filed by the private respondents in connection with the property in question and civil court passed ad interim order of injunction thereby directing parties to maintain status quo. Present petitioners are defendants in that partition suit. 3) State respondents are represented by learned advocate who submits that issue involved in this writ petition is civil in nature. 2 4) Having considered the submission made on behalf of the petitioners, it appears that a partition suit instituted at the instance of private respondents is pending before the civil court and petitioners are defendants in that suit. During pendency of suit if petitioners find their right to enjoy possession over property in question is being denied by the private respondents, in that event petitioners need to approach civil court in pursuit of remedy. Police authority is not the appropriate authority to decide right of the petitioners to enjoy peaceful possession of the property in question. 5) Hence, writ petition is not interfered with and same stands dismissed. 6) However, this order shall not preclude the petitioners to approach appropriate forum in pursuit of remedy. 7) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)