Extracted from the PDF above. The PDF is authoritative.
115599 2200..0088..22002266 Ct. No. 5
adeb
W.P.A. 13895 of 2026
Gopal Polen Vs. The State of West Bengal & Ors.
Mr. Asis Bhattacharyya
Mr. B. Mitra
…for the petitioner
Mr. Suryaneel Das
Ms. Suchitra Sinha Chatterjee
…for the State
Mr. Abhilash Chatterjee
Mr. Saikat Dey
Ms. Nazmee Parvin
…for the respondent nos. 5 to 7
1. Learned advocate representing petitioner submits that construction is being made by respondent nos. 5 to 7 encroaching land of the petitioner thereby prompting the petitioner to approach this Court with the present writ petition seeking direction upon the concerned police authorities to take steps.
2. It is also submitted that an ad interim order of injunction was passed by Civil Court on 18th May, 2026 in Title Suit No. 571 of 2026 thereby restraining defendants from encroaching suit property for a limited period.
3. Petitioner prays for direction upon the concerned police authorities which would restrain private respondents from making construction encroaching land of petitioner.
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4. State respondents and respondent nos. 5 to 7 are represented by learned advocates.
5. Learned advocate representing respondent nos. 5 to 7 disputes submission made on behalf of petitioner.
6. It is submitted on behalf of State respondents that issue involved in this writ petition is civil in nature requiring the parties to approach appropriate forum.
7. From the submissions made on behalf of respective parties it appears that alleging violation of ex parte ad interim injunction dated 18th May, 2026 petitioner filed an application before the Civil Court and same is pending.
8. Petitioner needs to pursue remedy based on application filed wherein case is made out that by making construction respondents violate ex parte ad interim injunction dated 18th May, 2026.
9. Police authority is not the appropriate authority to decide whether construction made by the respondents violates order dated 18th May, 2026 of Civil Court or not.
10. Hence, present writ petition is not entertained and same stands dismissed.
11. However, this order shall not preclude the petitioner to press application pending before the
3 Civil Court alleging violation of order dated 18th May, 2026.
12. Parties to act on server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)