GOUTAM BODHAK AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/20902/2026 · 2026-08-31
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37127 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37127 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
9 3311..0088..22002266 Ct. No. 05
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WPA 20902 of 2026
Goutam Bodhak & Ors. Vs. The State of West Bengal & Anr.
Mr. Sk. Toslim Ali
Mr. S. Bhattacharya
…for the petitioners
Mr. Raj Mohan Chattoraj
Ms. Aparajita Mitra
…for the State
Mr. Saikat Dey
…for the respondent nos. 6, 8 & 9
1. Affidavit of service filed on behalf of petitioners is taken on record.
2. Learned advocate representing petitioners submits that they have right over the agricultural land in question which stood fortified after dismissal of Title Suit No. 120 of 2008 by learned Civil Judge (Jr. Division) Amta, Howrah instituted by the private respondents. Petitioners were defendants to that suit. Petitioners pray for directions upon the concerned police authorities to take steps which would preserve right of the petitioners over the land in question.
3. Learned advocate representing private respondents submits that they are in possession of the land in question but nothing is demonstrated before this Court which goes
2 to show that private respondents have right over the land in question after the order passed by Civil Court on 24th February, 2021 dismissing suit instituted by private respondents. It is submitted that title appeal was preferred questioning order dated 24th February, 2021 passed by learned Civil Judge (Jr. Division), Amta, Howrah but said appeal was dismissed for default and application is pending before the first appellate court for revival of appeal preferred by private respondents.
4. Therefore, it transpires that till date private respondents’ right as claimed over the land in question is not supported by any order passed by Civil Court. On the contrary suit filed by private respondents was dismissed vide order dated 24th February, 2021 and such order still subsists.
5. In view of aforesaid scenario due to order passed by Civil Court on 24th February, 2021 on the suit instituted by private respondents, Officer-in-Charge, Amta Police Station being respondent no. 4 is directed to take steps which will protect right of the petitioners over the land in question provided order passed by Civil Court on 24th February, 2021 subsists.
6. Writ petition stands disposed of.
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7. Parties to act on server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)