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2026 DAILYLAW 37881 (CAL)

MD. INTAZIUL HOQUE AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/15697/2026 · 2026-09-02

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

99 Ranajit (AR.CT) 02.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 15697 OF 2026 Md. Intaziul Hoque & Ors. -vs- The State of West Bengal & Ors. Mr. Ramdulal Manna, Ms. Manju Manna (Dey), Mr. Sayan Mukherjee ….for the petitioners. Mr. Sukanta Ghosh, Mr. Arghya Chatterjee ….for the State. 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. Matter is heard in presence of learned advocates representing petitioners and State respondents. 3. It is alleged on behalf of petitioners that there is overt action on the part of concerned police authorities thereby preventing petitioners from entering into suit land in question. It is also contended that a suit is pending being Title Suit No.293 of 2023 before learned Civil Judge (Sr. Division), 2nd Court, Malda and an ad interim order of injunction was passed thereby directing plaintiff and defendant no.2 shall maintain status quo in respect of nature, character, ownership and possession with regard to suit property as it was subsisting on 14th August, 2025 till disposal of suit. 4. According to petitioners, since they purchased their respective plots from defendant no.2 in Title Suit No.293 of 2023, based on order passed by the civil court on 14th August, 2025 directing parties to maintain status quo concerned police authorities ought not prevent petitioners from entering into suit land. 5. State respondents are represented by learned advocate who has filed a communication dated 12th July, 2026 of Officer-in-Charge, Mothabari Police Station and same is taken on record. Copy of communication dated 12th July, 2026 is made over to learned advocate representing petitioner. 6. It is contended on behalf of State respondents that police authorities are not restraining any person claiming right over property in question from entering into suit land. Submission made on behalf of petitioners alleging overt action on the part of police authorities is also disputed. 7. Having considered respective submissions made on behalf of parties and taking note of order passed by the civil court in Title Suit No.293 of 2023 dated 14th August, 2025 directing plaintiff as well as defendant no.2 to maintain status quo, it is clarified that if petitioners find that their right over respective plots of land is affected as petitioners purchased plots from defendant no.2, it will be open to petitioners to approach civil court for necessary clarification relating to their right over land in question. 8. Concerned police authorities are directed to maintain peace and tranquility at the locale and to see no 2 untoward incident takes place. 9. The writ petition stands disposed of. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3