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2026 DAILYLAW 41357 (CAL)

KHAYRUL LASKAR v. STATE OF WEST BENGAL AND ORS.

WPA/23488/2026 · 2026-09-17

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.09.2026 12 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 23488 of 2026 Khayrul Laskar –Versus – The State of West Bengal & Ors. Mr. Debasis Sur Mr. Rakha Das Mr. Angshuman Patra …for the petitioner Mr. Bidhayak Lahiri Ms. Sreetama Neogi …..for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, petitioner has prayed for issuance of mandamus directing concerned police authorities to take steps which would prevent respondent no. 4 from raising construction on a land which is claimed by petitioner. 3) Learned advocate representing respondent no. 4 has disputed submission made on behalf of petitioner based on Record of Rights, copy of which is annexed at page 17 of writ petition. It is demonstrated before this Court based on Record of Rights that name of respondent no. 4 was recorded against 0.05 decimal of land under Dag No. 613, JL No. 90, Block Magrahat-1. 2 4) State respondents are represented by learned advocate who submits that issue involved in this writ petition is civil in nature requiring parties to approach civil court. 5) If petitioner finds that he has right over the land on which respondent no. 4 is making construction, in that event petitioner needs to approach appropriate forum/authority in pursuit of remedy. Police authority is not the appropriate authority to decide right of petitioner over land in question and it would not be apt to direct police authority to take steps to preserve right of petitioner in respect of land on which respondent no. 4 is making construction. 6) In aforesaid conspectus, present writ petition is dismissed. 7) However, this order shall not preclude petitioner to take steps in accordance with law, if so advised. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)