21 Ranajit (AR.CT) 25.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 24772 OF 2026 Raju Mondal & Anr. -vs- The State of West Bengal & Ors. Mr. Manoj Kumar Roy, Ms. Tithi Mandal ….for the petitioners. Mr. Kingshuk Mondal, Mr. Pradi Kumar Kundu, Mr. Partha Sarathi Mondal, Mr. Bikash Kumar Singh, Mr. Suman Das ….for the respondent nos.7 to 10 & 12. Ms. Susmita Saha Dutta, Mr. Madhu Jana, Mr. Niladri Saha, Mr. Vinayak Chowbey ….for the State. 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition prayer is made for directing concerned police authorities to take steps which would restrain private respondents from damaging property in question. 3. State respondents and private respondents are represented by learned advocates. 4. Learned advocate representing private respondents has drawn attention of this Court to order dated 21st July, 2026 passed by the Hon’ble Division Bench on FA 109 of 2026, IA NO. CAN 1 of 2026 (Smt. Chhabi Bishnu Majumder –vs. Sukumar Bose) and it is submitted that in view of order passed by the Hon’ble Division Bench petitioners need to approach Division Bench, in the event direction contained in order dated 21st July, 2026 is not followed. 5. On perusal of order dated 21st July, 2026, it appears that Hon’ble Division Bench directed parties in appeal being FA 109 of 2026 to maintain status quo with regard to property which is subject of disputed will till disposal of the appeal. 6. This Court finds substance in the submission made on behalf of private respondents and having perused order dated 21st July, 2026 it further transpires that by filing the present writ petition attempt has been made to bypass the order passed by Hon’ble Division Bench dated 21st July, 2026 on the plea that private respondents are causing damage to the property of petitioners and making encroachment. 7. If petitioners find that order passed by the Hon’ble Division Bench dated 21st July, 2026 is being circumvented, in that event petitioners need to approach Hon’ble Division Bench and bring it to notice of the Court. 8. Learned advocate representing State respondents has submitted that on receipt of complaint preliminary enquiry was made but contents of complaint were found to be not substantiated. Communication dated 17th September, 2026 of Inspector-in-Charge, Duttapukur Police Station, Barasat Police District is 2 filed today and same is taken on record. 9. In view of order passed by the Hon’ble Division Bench on 21st July, 2026 in the appeal preferred by private respondent and disclosure of outcome of preliminary enquiry which emanates from communication dated 17th September, 2026 of Inspector-in-Charge, Duttapukur Police Station, no further order need be passed on this writ petition. 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.) 3