19. 19. 24.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 24419 OF 2026 SAMIR SEN AND OTHERS VS. STATE OF WEST BENGAL AND OTHERS …………… Mr. Suddhasatva Banerjee, Adv. Mr. Deepan Sarkar, Adv. Mr. P. Kar, Adv. Mr. Sagnik Majumdar, Adv. Mr. Aurin Chakraborty, Adv. Mr. Devdas Saha, Adv. … For Petitioners Mr. Abhijit Roy, AGP Mr. Soumen Kumar Roy, Adv. …For State Mr. Krishna Das Poddar, Adv. …For Private Respondent 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition, inter alia, petitioners have prayed for direction upon the concerned police authorities to take steps which would facilitate petitioners to raise boundary wall around the land in question and to install iron gate. 3. It is submitted on behalf of petitioners that in spite of making an attempt to raise boundary wall, petitioners have been prevented by members of Purba Kalikata Sarbojanin Durgotsab Committee being respondent no.5. It is contended by Mr. Banerjee, learned advocate representing petitioners that land in question is owned by petitioners. Therefore, they have right to construct boundary wall around the said land. 4. In support of such contention reliance is placed on the judgment of a co-ordinate Bench reported in (2017) SCC OnLine Cal 2805 (Subhash Churan Law & [2] Ors. vs. The State of West Bengal & Ors.) and on an order dated 29th July, 2025 passed by the Hon’ble Division Bench on an intra-court appeal being MAT 542/2025 (M/S Bibhuti Bhusan Dutt Estates Pvt. Ltd. vs. State of West Bengal and Ors.). 5. State respondents and respondent no.5 are represented by learned advocates. 6. It is contended on behalf of respondent no.5 that Durga Puja is being organized by respondent no.5 for a long period of time as a result whereof they may be permitted to organize Durga Puja in this year too on the said land in question. It is also submitted that construction has already been made by petitioners on the said land. Therefore, raising boundary wall as prayed for is not warranted. 7. Having considered the respective submissions made on behalf of parties, it is indisputable that petitioners are owners of the land in question around which they have decided to raise boundary wall and to install iron gate. On the contrary nothing is available on record and demonstrated on behalf of respondent no.5 that respondent no.5 is having right to organize Durga Puja on the said land though fact remains they have been organizing Durga Puja for a long period of time. Organizing Puja for longer period does not confer right upon respondent no.5 to lay claim over the land in question. Such proposition is fortified by the judgment passed in Subhash Churan Law (supra). 8. In view of aforesaid scenario, this Court finds no impediment in directing concerned police authority to provide necessary assistance to petitioners, if they [3] decide to raise boundary wall around the land in question and install iron gate. 9. Petitioners shall be at liberty to approach Officer-in- Charge, Phoolbagan Police Station being respondent no.4 by seven (7) days from date seeking protection which would facilitate them to raise boundary wall and install iron gate. If respondent no.4 is approached by petitioners, in that event, necessary assistance shall be provided. 10. Writ petition stands disposed of. 11. However, it is made clear that petitioners shall be permitted to raise boundary wall only around their land in question. 12. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)