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2026 DAILYLAW 43517 (CAL)

GAJIPUR HAT COMMITTEE A PUBLIC CHARITABLE TRUST REPN BY ITS SECRETARY OSMAN ALI MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/24258/2026 · 2026-09-24

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09 Ranajit (AR.CT) 24.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 24258 OF 2026 Gajipur Hat Committee -vs- The State of West Bengal & Ors. Mr. Arnab Mukherjee, Mr. Hiranmay Debnath ….for the petitioner. Mr. Debjit Mukherjee, Mr. Kasutav Bhattacharya ….for the respondent no.8. Mr. Billwadal Bhattacharyya, Mr. Sourav Sengupta, Mr. Krishnendu Bera ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. It is contended on behalf of petitioner that right of petitioner over the land in question needs to be preserved by directing concerned police authorities to take steps. It is alleged that respondent no.8 is forcibly laying claim over the said land. 3. Mr. Bhattacharrya, learned Additional Advocate General representing State respondents submits that there is an admission on the part of petitioner as it is found from a document at pages 49 & 50 of the writ petition that land was settled otherwise. It is further submitted that issue involved in this writ petition is civil in nature. 4. Learned advocate representing respondent no.8 disputes submission made on behalf of petitioner and it is submitted that respondent no.8 is laying claim over the said land in question. 5. Be that as it may, petitioner prays for direction upon concerned police authorities to take steps based on complaint lodged. 6. If petitioner finds that there is inaction on the part of concerned police authorities in taking steps, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. 7. Petitioner shall be at liberty to approach jurisdictional Magistrate in accordance with law. 8. Police authority is not the appropriate authority to decide inter se right of the parties over land in question. 9. However, concerned police authority is directed to maintain peace and tranquility at the locale and to see no untoward incident takes place. 10. Writ petition stands disposed of. 11. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2