20.08.2026 Item No.12 Court No.01 KCP MAT 1341 of 2026 with IA No.CAN 1 of 2026 Subrata Sarkar & Ors. - Versus - Md Motiur Rahaman Biswas & Ors. Mr. Asim Hati Mr. Debabrata Mondal Ms. Sreetama Neogi Ms. Nandini Sharma Mr. Antariksha Karmakar …. For the appellants Mr. Debopriya Gupta Mr. Kushi Prasun Chatterjee Mr. Jagannath Chatterjee …. For the State Mr. Sabyasachi Chatterjee Mr. Pintu Karar Mr. Rishabh Ahmed Khan Mr. Sabab Uddin Laskar …. For the private respondent The present appeal has been preferred challenging an order dated 7th August, 2026 passed by the learned Single Judge in the writ petition being WPA 18374 of 2026. Mr. Hati, learned advocate appearing for the appellants argues that even after being apprised of the fact that there is an existing civil dispute pertaining to the concerned land in between the writ petitioner/respondent herein and the private respondents/appellants herein and that the concerned land is a Debottor property, the learned Single Judge erred in law in issuing direction upon the Officer-in-Charge, Lalgola Police Station ‘to 2 provide assistance to the petitioner which would permit him to make construction for setting up Indian Oil Retail Outlet (Petrol Pump)’. He further contends that one Satkori Pramanik claiming to be the Sabhapati, of the trust, of which the appellants are members, had no jurisdiction to execute the sale deed in the year 1994. Such argument, as advanced, was glossed over by the learned Single Judge and no finding was returned on the same. Such infirmity warrants interference of this Court. Mr. Chatterjee, learned advocate appearing for the writ petitioner/respondent denies and disputes the contention of Mr. Hati and submits that the appellants are yet to obtain any interim order in the pending title suit being T.S. No.54 of 2025 before the learned Civil Judge (Junior Division), Lalbagh, Murshidabad and as the respondent is the owner of the concerned land, necessary directions were passed by the learned single Judge. Mr. Kushi Prasun Chatterjee, learned advocate appearing for the State respondents submits that as there exists a possibility of breach of peace in the area, preventive measure has been taken by the police authorities by lodging Lalgola PS NCR No. 1148/2026 dated 2nd July, 2026 and that continuous 3 police vigil is being maintained in the locality. Let the written instruction, as placed, be kept on record. Heard the learned advocates appearing for the respective parties and considered the materials on record. Indisputably, there exists a civil dispute between the parties and Title Suit No.54 of 2025 is pending before the jurisdictional Court. However, no interim order has been passed in the same. In view thereof, considering that the writ petitioner is the owner of the concerned land on the strength of a deed dated 9th September, 2021, the learned Single Judge rightly passed the order impugned. The matter has also been made returnable for further consideration on 14th September, 2026. In the said conspectus, we are not inclined to interfere with the order impugned in the present appeal. The appeal and the connected application are, accordingly, dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Atarup Banerjee, J.) (Tapabrata Chakraborty, A.C.J.)