SUSHIL KUMAR BAGREE v. STATE OF WEST BENGAL AND ORS.
WPA/20799/2026 · 2026-08-28
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37019 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37019 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
28.08.2026 41 Court No. 05 (DL) (Suvendu Mukherjee)
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 20799 of 2026
Sushil Kumar Bagree –Versus – The State of West Bengal & Ors.
Mr. Pulak Ranjan Mandal
Ms. Bandana Mandal
….for the petitioner
Ms. Rashmi Bothra
Mr. Vaibhav Prakash
..for the State respondents
Ms. Sriradha Banerjee Mr. Sanju Agarwal
....for the respondent no. 4
1) Affidavit of service filed on behalf of petitioner is taken on record. 2) Mr. Mandal, learned advocate representing petitioner submits that petitioner has been evicted from premises in question without due process of law and as such prayer is made for directing concerned police authorities to take steps which would permit petitioner to stay at premises in question. 3) State respondents are represented by learned advocate and it is submitted that concerned police authority has caused enquiry. 4) Learned advocate representing respondent no. 4 has disputed submission made on behalf of petitioner
2 and it is submitted that there was an agreement between respondent no. 4 and petitioner thereby permitting the petitioner to stay at premises in question for the period from February, 2025 to December, 2025 (eleven months). It is submitted on behalf of respondent no. 4 that after expiry of period as mentioned in agreement petitioner vacated premises in question and subsequently started paying rent. It is contended that respondent no. 4 did not forcibly evict petitioner. 5) From respective submissions made on behalf of petitioner and respondent no. 4, it appears that issue involved in this writ petition pertains to disputed question of facts which ought not to be delved into in this writ petition. If petitioner finds that right to stay at premises based on agreement is denied, in that event petitioner is required to approach civil court in pursuit of remedy. Moreover, it appears that period mentioned in agreement expired in the month of December, 2025 and present writ petition has been filed on 10th August, 2026. 6) In aforesaid conspectus, this court is not inclined to interfere with writ petition and same stands dismissed. 7) Parties to act on the server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)