163 Ranajit (AR.CT) 19.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 10187 OF 2026 Najima Bibi Sheikh -vs- The State of West Bengal & Ors. Mr. Sandip Das ….for the petitioner. Mr. Suryaneel Das, Ms. Anita Kundu, Mr. Bhaskar Bhattacharya ….for the State. 1. In terms of order dated 27th July, 2026 matter is taken up for consideration when learned advocate representing petitioner files affidavit-of-service and same is taken on record. 2. Respondent nos. 5 to 7 are not represented today. 3. Mr. Das, learned Additional Government Pleader representing State respondents has filed a communication dated 18th August, 2026 of Officer-in- Charge, Magrahat Police Station and same is taken on record. Copy of the communication dated 18th August, 2026 is made over to learned advocate representing petitioner. 4. It is disclosed in the communication dated 18th August, 2026 that petitioner is residing at the dwelling house in question but petitioner intends to change roofing of dwelling house from asbestos to RCC construction. However, it transpires from the said communication dated 18th August, 2026 that a Title Suit being No.397/2022 is pending which was instituted by private respondents and there is an order of injunction dated 28th September, 2026 passed by civil court directing parties to maintain status quo with regard to suit property. 5. Taking note of contents of the communication dated 18th August, 2026 petitioner needs to approach appropriate forum, if petitioner decides to change roofing of dwelling house from asbestos to RCC construction. 6. Police authority is not appropriate authority to decide whether petitioner is entitled to take steps for making further construction at her dwelling house. 7. Hence, present writ petition is not interfered with and same stands dismissed. 8. However, this order shall not preclude petitioner to take steps in accordance with law, if so advised. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2