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2026 DAILYLAW 42813 (CAL)

ABUSIDDIK SK. v. STATE OF WEST BENGAL AND ORS.

WPA/23916/2026 · 2026-09-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.09.2026 23 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 23916 of 2026 Abusiddik Sk –Versus – The State of West Bengal & Ors. Mr. Mukteswar Maity Ms. Monika Sarkar ….for the petitioner Mr. Rachit Lakshmani Ms. Anyasha Das …for the State respondents Ms. Riya Ballav …..for the respondent nos. 6-11 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) It is submitted on behalf of petitioner that there is overt action on the part of concerned police authorities in taking steps in terms of order passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore, South 24 Parganas on Title Suit No. 851 of 2026. 3) Learned advocate representing respondent nos. 6 to 11 submits that those respondents are plaintiffs in aforesaid Title Suit. 4) It is contended that civil court passed an ad interim order of injunction on 9th July, 2026 restraining defendants from disturbing peaceful possession of 2 plaintiffs in respect of suit property and from creating any third party interest in respect of suit property. 5) If concerned police authorities have taken steps in terms of order dated 9th July, 2026 passed by the learned civil court, it ought not to be termed as overt action of police authorities. Concerned police authorities shall be at liberty to take steps in terms of order dated 9th July, 2026 passed by the civil court. 6) Writ petition stands disposed of. 7) However, this order shall not preclude petitioner to approach civil court in pursuit of remedy. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)