Extracted from the PDF above. The PDF is authoritative.
24.08.2026 14 Court No. 05 (DL) (Suvendu Mukherjee)
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 20157 of 2026
Jiyarul Gharami –Versus – State of West Bengal & Ors.
Mr. Sandipan Pal
Mr. Niladri Mondal
….for the petitioner
Ms. Rashmi Bothra
Mr. Rahul Agarwala
Ms. Aheli Ghoshal
…..for the State respondents
Mr. Sounak Bhattacharya
Mr. Chandra Nath Sarkar
Mr. Sounak Mandal
….for the respondent nos. 5-14
1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) Learned advocate representing petitioner prays for direction upon concerned police authorities which would permit petitioner to cultivate land in question. It is submitted that there is inaction on the part of concerned police authorities in taking steps. 3) State respondents and respondent nos. 5 to 14 are represented by learned advocates who have opposed this writ petition and it is submitted that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum.
2 4) Learned advocate representing respondent nos. 5 to 14 submits that Title Suit was instituted being T.S. No. 198 of 2025 and civil court passed ad interim order of injunction on 27th March, 2025 directing parties to the suit to maintain status quo in respect of nature, character and peaceful possession over the suit property. 5) Having considered the submissions made on behalf of respective parties, it appears that petitioner is claiming right to cultivate land in question which is subject matter in aforesaid suit instituted by respondent nos. 5 to 14. Therefore, police authority is not the appropriate authority to decide inter se right of parties over land in question. If petitioner’s right to cultivate land in question is being infringed by respondent nos. 5 to 14, petitioner needs to approach civil court in pursuit of remedy. 6) Hence, present writ petition is not interfered with and same stands dismissed. 7) However, this order shall not preclude petitioner to take steps in accordance with law, if so advised. 8) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)