17.09.2026 sl.38 Ct No. 758 tkm WPA 17106 of 2024 Jakir Seikh @ Seikh Jakir @ Jakir Hossain Vs State of West Bengal & Ors. Mr. S Pattanayak Sk. Abdulla Mondal Syed Murshid Alam Mr. Subrata Ghosh Ms. Reshma Khatun …for the petitioner Ms. Sudipa Banerjee Mr. Koushik Roy …for the State 1. The petitioner in this writ petition has prayed for a writ in the nature or mandamus directing the respondent nos. 2, 3 and 6 to render necessary assistance in favour of the petitioner to enable him to peacefully possess and enjoy the plots in question, referred to in paragraph 3 of the writ petition. 2. Pursuant to filing of the writ petition, a report was called for from the State. 3. The State has filed a report dated 24th July 2024 before this Court. 4. This court finds that the disputes are wholly civil in nature. In fact, pursuant to the complaint lodged by the petitioner, Bhatar PS case no. 223 of 2023 dated 6th June 2023 was started for investigation under section 2 379/506/34 IPC. After investigation of the said case, a final report has been submitted before the judicial Magistrate. 5. It is further submitted that the said fact was suppressed in the writ petition. 6. The relief sought by the petitioner cannot be granted without first determining the respective rights of the parties relating to the possession and enjoyment of the property in question. Such determination would require a decision on questions of fact, which cannot ordinarily be decided in the present writ proceedings. See: Roshina T.V. v. Abdul Nazer, reported in (2019) 2 SCC 329, paragraph 13. 7. Further, the Hon’ble Supreme Court in Prabhakar V. Sinari v. Shanker Anant Verlekar, reported in AIR 1969 SC 686, has held that ordinarily, if a person is in possession of a property and other persons are threatening to dispossess him, it is not for the police to take sides and decide the dispute in favour of a party. The writ petitioner shall be at liberty to agitate all his grievances before the appropriate Civil Court, in accordance with law. 8. In view of the above this court is not inclined to pass any order in such facts where disputed questions are invalid. 9. The writ petition WPA 17106 of 2024 is thus, dismissed without any order as to costs. 10. Interim order if any, stands vacated. (Anuj Singh, J.) 3