10.09.2026 10 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 21912 of 2026 Lakkhan Shit –Versus – The State of West Bengal & Ors. Mr. Partha Sarathi Mondal Ms. Riya Paul Ms. Tithi Sarkar …for the petitioner Mr. Radhasyam Maiti Mr. Manoranjan Jana …..for the respondent nos. 8 & 9 Mr. Kallol Kr. Basu Mr. Rajsekhar Hota Mr. Jannat Ul Firdous Ms. Pramita Banerjee ….for the respondent nos.6, 7 & 10 Mr. Anish Kumar Mukherjee Mr. Surajit Singh ….for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, prayer is made on behalf of petitioner to protect his right over pathway in question. It is submitted that police authorities are required to take steps in order to preserve petitioner’s right over said pathway by restraining respondent nos. 6 to 11. 2 3) State respondents and respondent nos. 6 to 10 are represented by learned advocates and they have disputed submission made on behalf of petitioner. 4) On behalf of State respondents it is submitted that on preliminary enquiry no cognizable offence was reported. Hence, non-cognizable report was submitted. 5) On behalf of respondent nos. 6 to 10 it is submitted that it is a dispute relating to co-sharers requiring petitioner to approach civil court in pursuit of remedy. 6) Having considered the submissions made on behalf of respective parties, it appears that petitioner prays for declaration of right to use pathway in question. If petitioner finds that his right to use pathway is denied by respondent nos. 6 to 11, in that event petitioner needs to approach appropriate forum in pursuit of remedy. Police authority is not the appropriate authority to decide inter se right of parties over the pathway in question. 7) Hence, writ petition is not interfered with and same stands dismissed. 8) However, this order shall not preclude petitioner to approach appropriate forum, if so advised. 9) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)