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2026 DAILYLAW 40489 (CAL)

SANYASI MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/19636/2026 · 2026-09-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.09.2026 03 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 19636 of 2026 Sanyasi Mondal –Versus – State of West Bengal & Ors. Mr. Amitabha Ghosh Ms. Arpita Paul Biswas Mr. Buddhadeb Chatterjee …for the petitioner Mr. Debabrata Mondal Mr. Niladri Saha …..for the State Mr. Debasis Kar Mr. Arka Tilak Bhadra Mr. Dipayan Dutta Mr. Satarup Biswas …for the respondent no. 13 1) By presenting this writ petition, petitioner has virtually prayed for implementation of ex parte ad interim order of injunction dated 25th February, 2026 passed by the learned Civil Judge (Junior Division), 2nd Court, Basirhat, North 24 Parganas in Title Suit No. 89 of 2026. 2) State respondents and respondent no. 13 are represented by learned advocates. 3) Vide order dated 25th February, 2026, defendants were restrained from disturbing peaceful possession of 2 plaintiffs and changing nature and character of the suit property. 4) If petitioner finds that said ad interim order of injunction dated 25th February, 2026 is violated by respondents, in that event petitioner is required to approach civil court within statutory framework. Writ court while exercising its jurisdiction under Article 226 of the Constitution is not an appropriate forum for implementation of order passed by the civil court in connection with a suit, if rights of parties are not decided finally. 5) Hence, writ petition is not interfered with and same stands dismissed. 6) However, this order shall not preclude petitioner to approach civil court, if so advised. 7) Parties shall act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)