10.09.2026 17 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 22408 of 2026 Rajiv Kumar Gupta –Versus – The State of West Bengal & Ors. Mr. Prosenjit Mukherjee Ms. Manisa Mandal Ms. Babita Pramanick Mr. Prosenjit Chongder ….for the petitioner Mr. Shaunak Ghosh Mr. Avik Biswas …for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. Petitioner made an attempt to serve notice upon respondent nos. 4 and 5 but envelopes returned. 2) Respondent nos. 4 and 5 are not represented. 3) A case is made out in writ petition that land in question belongs to petitioner by virtue of registering a Sale Deed on 22nd August, 2015 but respondent nos. 4 and 5 are restraining petitioner from enjoying peaceful possession over said land in question. 4) State respondents are represented by learned advocate who has submitted that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum. 2 5) However, after hearing learned advocates representing petitioner and State respondents nothing is forthcoming based on which it can be inferred that issue is pending before civil court neither any material is placed before this Court based on which it can be found that respondent nos. 4 and 5 have right over land in question. 6) Officer-in-Charge, Narendrapur Police Station, Baruipur Police District being respondent no. 3 is directed to make an enquiry and if he finds that no proceeding is pending before any authority/forum in connection with land in question and nothing is demonstrated on behalf of respondent nos. 4 and 5 that they have right over land in question, in that event steps shall be taken by respondent no. 3 which would permit petitioner to enjoy peaceful possession over said land in question. 7) With aforesaid direction, writ petition stands disposed of. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)