19.08.2026 29 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 19646 of 2026 Gopal Maji –Versus – The State of West Bengal & Ors. Mrs. Juin Dutta Chakraborty ….for the petitioner Mr. Debasish Chaudhuri Mr. Bikash Chaudhuri …..for the State respondents Mr. Rajdeep Bhattacharya Mr. Kaustav Seal Mr. Saikat Kolley …….for the respondent no. 4 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) Learned advocate representing the petitioner submits that private respondents are trying to dispossess the petitioner which prompted him to approach this Court with the present writ petition seeking direction upon the concerned police authorities to take steps which would enable the petitioner to have peaceful possession over the property in question. It is also submitted that an application under Order IX Rule 13 of the Code of Civil Procedure has been preferred before the civil court since private respondents obtained an ex parte decree in a suit. 2 3) State respondents and private respondent are represented by learned advocates who have opposed this writ petition on the count that issue involved in this writ petition is civil in nature 4) From the submissions made on behalf of the respective parties, it appears that petitioner’s right to have possession over the property in question is alleged to have been infringed by the private respondents. Petitioner prays for direction upon the concerned police authorities to take steps which would ensure petitioner’s peaceful possession over the property. Police authority is not the appropriate authority to decide inter se right of the parties over the property in question. If petitioner finds that his right to enjoy peaceful possession over the property in question is being disturbed by private respondents, in that event petitioner needs to approach appropriate forum. 5) Writ petition stands disposed of. 6) However, this order shall not preclude the petitioner to approach appropriate forum, if so advised. 7) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)