25 Ranajit (AR.CT) 16.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 23371 OF 2026 Chhabi Roy -vs- The State of West Bengal & Ors. Mr. Prosenjit Mukherjee, Mr. Saptarshi Chakraborty, Mr . Rajdeep Bosu ….for the petitioner. Mr. Bitasok Banerjee, Ms. Debangaja Bhattacharya ….for the respondent nos.6 to 8. Mr. Pratip Mukherjee, Ms. Shetparna Ray ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition petitioner has prayed for direction upon concerned police authorities to take steps which would permit petitioner to have peaceful possession over the property in question. 3. Respondent nos.6 to 8 and State respondents are represented by learned advocates. 4. It is submitted on behalf of respondents that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum. 5. From submissions made on behalf of parties, it appears that respondent nos.6 to 8 instituted Title Suit NO.214/26 whereon learned Civil Judge (Junior Division), 2nd Court, Rampurhat, Birbhum passed an ex parte ad interim order of injunction thereby restraining defendant nos.1 & 2 from disturbing possession of plaintiffs over the suit property. 6. A case is made out in this writ petition that private respondents being plaintiffs in aforesaid suit are disturbing peaceful possession of petitioner being defendant no.2 over the property in question. 7. If petitioner finds that his right to have peaceful possession over the property in question is infringed, in that event petitioner needs to approach civil court in pursuit of remedy. 8. Police authority is not appropriate authority to decide inter se right of the parties over the property in question specially during pendency of suit before the civil court. 9. Hence, present writ petition is not interfered with and same stands dismissed. 10. However, this order shall not preclude petitioner to approach appropriate forum in pursuit of remedy. 11. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2