157 Ranajit (AR.CT) 25.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 12586 OF 2026 Biswanath Prodhan -vs- The State of West Bengal & Ors. Syed Mosihar Rahaman ….for the petitioner. Ms. Juin Dutta Chakraborty, Mr. Bidan Modak ….for the respondent no.4. Mr. Suryaneel Das, Mr. Suchindram Bhattacharjee, Mr. Amit Chakraborty, Ms. Sumita Sarkar, Ms. Soma Chakraborty, Mr. Koustav Seal ….for the State. 1. Writ petition is taken up for consideration in terms of order dated 6th August, 2026 in presence of learned advocates representing petitioner and State respondents. Respondent no.4 is also represented today. Although respondent nos.5 & 6 are not represented but respondent no.7 is wife of respondent no.4. 2. By presenting this writ petition prayer is made for direction upon concerned police authorities which would facilitate petitioner to have peaceful possession over land in question by removing encroachment/bamboo sticks. 3. It is submitted on behalf of respondent no.4 that a Title Suit being No.53 of 2014 is pending before the Civil Judge (Sr. Division), Uluberia, Howrah. On placing copy of order dated 6th December, 2025 passed by the civil court, it is submitted that previously suit was dismissed for default vide order dated 26th November, 2025 and same was recalled by subsequent order dated 6th December, 2025. 4. On perusal of order dated 6th December, 2025 passed by civil court in aforesaid suit, it appears that suit was restored and it is further contended on behalf of petitioner that suit is pending where petitioner is one of the defendants. It is also contended on behalf of respondent no.4 that land in question is subject matter of suit property. 5. Mr. Das, learned Additional Government Pleader representing State respondents has filed a communication dated 25th August, 2026 of Officer-in- Charge, Shyampur Police Station, Howrah Rural District and same is taken on record. Copies of the communication dated 25th August, 2026 are made over to learned advocates representing petitioner and respondent no.4. 6. In view of pendency of suit, no further order need be passed on this writ petition and same stands disposed of. 7. However, petitioner shall be at liberty to approach civil court in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2