PRAFULLA BISWAS AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/14469/2026 · 2026-08-24
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36128 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36128 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24.08.2026 171 Court No. 05 (DL) (Suvendu Mukherjee)
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 14469 of 2026
Prafulla Biswas & Anr. –Versus – The State of West Bengal & Ors.
Mr. Koustav Banerjee
Mr. Abdus Salam
Ms. Ria Kundu
…for the petitioners
Mr. Suryaneel Das, Ld. AGP Mr. Arka Bhattacharya
…..for the State respondents
Mr. Anirban Mitra
Mr. Amit Halder
…for the respondent nos. 4-9
1) Affidavit of service filed on behalf of the petitioners is taken on record. 2) By presenting this writ petition, prayer is made for directing concerned police authorities to take steps which would enable petitioners to enjoy peaceful possession over property connected to plot no. 1311. Reliance is placed on decree of the civil court passed on Title Suit No. 46 of 2012 dated 19th June, 2025. 3) State respondents and respondent nos. 4 to 9 are represented by learned advocates. 4) It is submitted on behalf of respondent nos. 4 to 9 that a dwelling house was constructed on plot no. 1314
2 which is not suit land. Suit was restricted to plot no.
1311. 5) Having considered submissions made on behalf of respective parties and taking note of decree passed by the civil court on 19th June, 2025, it appears there was declaration that plaintiffs in aforesaid suit are owners of suit property connected to plot no. 1311 and defendants were restrained from disturbing peaceful possession of the plaintiffs over suit property. 6) From decree dated 19th June, 2025 it does not appear that there is any impediment so far respondent nos. 4 to 9 are concerned to enjoy possession of property which is connected to plot no. 1314. If right of possession of petitioners being plaintiffs in Title Suit No. 46 of 2012 over plot no. 1311 is infringed, in that event concerned police authorities are directed to take steps which would ensure right of petitioners to have possession over said plot, provided aforesaid decree subsists. 7) With aforesaid clarification, writ petition stands disposed of. 8) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)