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2026 DAILYLAW 41936 (CAL)

NAJIMUDDIN SHAIKH v. STATE OF WEST BENGAL AND ORS.

WPA/23393/2026 · 2026-09-21

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 09 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 23393 of 2026 Najimuddin Shaikh –Versus – The State of West Bengal & Ors. Mr. Arka Mondal ….for the petitioner Mr. Arkaprava Sen Mr. Koushik Bhatt …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 direction upon concerned police authorities to have right over entire plot of agricultural land for the purpose of cultivating said land. In support of such contention, order dated 4th March, 2022 passed by the civil Court on Title Suit No. 137 of 2007 and order dated 28th January, 2026 passed on Title Appeal No. 05 of 2022 are relied upon. 3) State respondents are represented by learned advocate who has submitted that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum/authority in pursuit of remedy. 2 4) Heard learned advocates representing parties. 5) It appears that nothing is demonstrated on behalf of petitioner that petitioner is having right over entire plot of agricultural land in question for cultivating the said land. If petitioner finds that his right to cultivate land in question is being infringed by private respondents, in that event petitioner needs to approach appropriate authority/forum seeking necessary clarification and declaration of his right over said plot of agricultural land. Police authority is not the appropriate authority to decide right of petitioner to cultivate land in question. Hence, writ petition is not entertained and same stands dismissed. 6) However, this order shall not preclude the petitioner to approach appropriate forum in accordance with law, if so advised. 7) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)