08 Ranajit (AR.CT) 15.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 20438 OF 2026 Nusrat Feroz -vs- The State of West Bengal & Ors. Md. Shamimuddin ….for the petitioner. Mr. Dyutiman Banerjee, Mr. Souparno Malakar ….for the private respondents. Ms. Manju Agarwal, Mr. Madhu Jana, Ms. Puja Sonkar ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Learned advocate representing petitioner alleges that his peaceful possession over property in question is being disturbed by private respondents by making encroachment. It is submitted that Title Suit No.440 of 2026 is pending before the learned Civil Judge (Junior Division), 1st Court, Baruipur, South 24 Parganas and an ad interim order of injunction was passed on 31st July, 2026 directing respondents herein being defendants in the suit not to disturb peaceful possession of petitioner over suit property. 3. State respondents are represented by Ms. Agarwal, learned Additional Government Pleader who has filed a communication dated 20th August, 2026 of Inspector- in-Charge, Baruipur Police Station and same is taken on record. Copies of communication dated 20th August, 2026 are made over to learned advocates representing petitioner and private respondents. 4. Learned advocate representing private respondents has disputed submission made on behalf of petitioner alleging encroachment of property in question. 5. Having considered respective submissions made on behalf of parties, it appears that petitioner is aggrieved by alleged encroachment of property by private respondents and prayer is made for direction upon concerned police authorities to take steps to prevent private respondents from disturbing peaceful possession of petitioner over land in question. 6. If petitioner finds that his right to have peaceful possession over property in question based on ad interim order of injunction dated 31st July, 2026 is infringed at the instance of private respondents, in that event petitioner needs to approach civil court in pursuit of remedy. 7. However, it needs to be recorded that taking note of complaint of petitioner FIR was registered being Baruipur Police Station Case No.1675/26 dated 19th August, 2026. 8. Concerned police authorities are directed to investigate case in accordance with law and file report before the jurisdictional Magistrate. 9. Writ petition stands disposed of. 2 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3