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2026 DAILYLAW 38815 (CAL)

SWAPAN PAL AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/22370/2026 · 2026-09-08

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24. 24. 08.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 22370 OF 2026 SWAPAN PAL AND ANOTHER VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sudip Sarkar, Adv. Mr. Aninda Bhattacharya, Adv. Ms. Sneha Maity, Adv. …For Petitioners Mr. Ranjan Kumar Sinha, Adv. Mr. Surojit Das, Adv. …For State Mr. Satyendra Agrawal, Adv. Mr. Sudipta Maiti, Adv. Mr. Goutam Malik, Adv. …For Private Respondents 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition prayer is made for implementation of the order dated 7th October, 2024 passed by learned Civil Judge (Junior Division), 2nd Court, Paschim Medinipore on Title Suit no.495/ 2023 instituted by petitioners. 3. State respondents and respondent nos. 8 and 10 are represented by learned advocates. 4. On perusal of order dated 7th October, 2024, it appears that civil court by passing an order of injunction restrained defendants from disturbing peaceful possession of the plaintiffs over the suit property and also restrained them from encroaching any part of the suit schedule property. 5. If petitioners being plaintiffs in the suit find that such order of injunction dated 7th October, 2024 is not complied with, in that event, petitioners are required [2] to approach Civil Court within the statutory framework. Police authority is not the appropriate authority to decide inter se right of the parties over the suit schedule property when suit is pending before the Civil Court. 6. Hence, present writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude petitioners to approach Civil Court in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)