SUMITA MANNA AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/21288/2026 · 2026-09-01
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37479 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37479 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
8 0011..0099..22002266 Ct. No. 05
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WPA 21288 of 2026
Smt. Sumita Manna & Ors. Vs. The State of West Bengal & Ors. Mr. Swagata Datta
Ms. Ankita Dey
…for the petitioners
Mr. Raj Mohan Chattoraj
Mr. Amit Kumar Roy
…for the State
Mr. Satyendra Agarwal
Mr. Bijoy Bag
Mr. Goutam Malik
…for the respondent nos. 6 to 9
1. Affidavit of service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition prayer is made for directing concerned police authorities to take steps which would protect right of the petitioners over the property in question. It is submitted that suit is pending being Title Suit No. 631 of 2024 before the learned Civil Judge (Junior Division), Basirhat, North 24 Parganas and an ad interim order of injunction was passed directing parties to the said suit to maintain status quo. It is submitted on behalf of petitioners that there is violation of order of status quo passed on 24th September, 2024 prompting petitioners to approach this Court
2 seeking direction which would protect petitioners’ right in respect of suit property. 3. Learned advocate representing respondent nos. 6 to 9 has disputed submission made on behalf of petitioners and it is submitted that aforesaid suit was instituted by respondents where petitioners are defendants. Ad interim order of injunction was passed on 24th September, 2024 directing the parties to the suit to maintain status quo. It is also submitted that there was violation of said ad interim order dated 24th September, 2024, consequently private respondents approached Civil Court seeking necessary directions upon the police authorities for adherence of ad interim order of injunction dated 24th September, 2024. 4. Learned advocate representing State respondents has filed a communication dated 18th August, 2026 of Inspector-in-Charge, Hasnabad Police Station and same is taken on record. Copies of said communication are made over to learned advocates representing petitioners and private respondents. 5. Having considered the respective submissions made on behalf of parties and taking note of contents of the communication it appears that petitioners are praying for direction thereby directing police authorities to take steps in
3 order to ensure right of the petitioners over the property in question. Fact remains aforesaid suit for partition is pending before the Civil Court where ad interim order of injunction was passed on 24th September, 2024.
If petitioners find that said order passed by the Civil Court is not being complied with in that event petitioners are at liberty to approach Civil Court in pursuit of remedy. Police authority is not the appropriate authority to decide right of the parties over the property in question in view of pendency of partition suit before the Civil Court and when ad interim order of injunction dated 24th September, 2024 still subsists. 6. In view of aforesaid situation present writ petition is not interfered with and same stands dismissed. 7. However, this order shall not preclude the petitioners to take steps in accordance with law. 8. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)