20 Ranajit (AR.CT) 01.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21424 OF 2026 Sukumar Ghosh & Anr. -vs- The State of West Bengal & Ors. Mr. Siddhartha Sankar Mandal, Ms. Sharmistha Dhar ….for the petitioners. Mr. Dipankar Mandal, Mr. Abdul Aziz Mondal ….for the respondent nos.7 & 8. Mr. D. N. Ray, Mr. Suman Banerjee, Mr. Sourav Haldar ….for the State. 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. A case is made out in this writ petition that there is overt action of concerned police authorities thereby preventing petitioners from enjoying peaceful possession over agricultural land in question. Petitioners pray for direction upon concerned police authorities to take steps which would permit petitioners to cultivate land in question. 3. Learned advocate representing respondent nos.7 & 8 disputes submission made on behalf of petitioners and it is submitted that respondent nos. 7 & 8 are in possession of agricultural land in question. It is also submitted that a suit being Title Suit No.256 of 2025 is pending before learned Civil Judge (Senior Division), Tehatta, Nadia. 4. State respondents are represented by learned advocate who has submitted that issue involved in this writ petition is civil in nature requiring parties to approach appropriate forum. 5. Considering submissions made on behalf of respective parties, it appears that suit is pending before the civil court which was filed by private respondents and said suit is for partition. The issue involved in this writ petition is civil in nature and disputed questions of fact are involved. 6. Writ Court is not an appropriate forum to decide disputed questions of fact as it is found that there are contradictory statements made by petitioners and private respondents with regard to possession of land in question. 7. Hence, petitioners need to approach civil court in pursuit of remedy; any direction upon concerned police authorities which will protect right of petitioners over land in question as prayed for shall have bearing on partition suit pending before the civil court. 8. The writ petition is not interfered with and same stands dismissed. 9. However, this order shall not preclude petitioners to approach appropriate forum in pursuit of remedy. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2