Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 44110 (CAL)

PRATIMA JANA v. STATE OF WEST BENGAL AND ORS.

WPA/25018/2026 · 2026-09-29

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23. 23. 29.09.2026 (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. 25018 OF 2026 PRATIMA JANA VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Manoranjan Jana, Adv. … For Petitioner Mr. Gourab Ghosal, Adv. … For Respondent No.5 1. Affidavit-of-service filed on behalf of petitioner is taken on record. In spite of service of notice State respondents are not represented. 2. By presenting this writ petition prayer is made for directing concerned police authority to take steps which would permit petitioner to occupy her ancestral property. It is alleged in the complaint dated 12th June, 2026 addressed to concerned police authority that when petitioner tried to enter into the premises in question, she was obstructed by her brother being respondent no.5 and as such mandamus is sought for thereby directing the concerned police authority to take steps. 3. Respondent no.5 is represented by learned advocate. 4. In consideration of the submissions made on behalf of petitioner and respondent no.5, it appears that there is a dispute between sister and brother over an ancestral property and it is alleged by petitioner that she was prevented by respondent no.5 when she tried to enter into the premises. 5. Police authority is not the appropriate authority to decide inter se right of the parties over the ancestral property in question. If petitioner finds that her right [2] over the property in question is denied by respondent no.5, in that event, petitioner needs to approach appropriate forum in pursuit of remedy. 6. Hence, present writ petition is not interfered with and same stands dismissed. 7. However, this order shall not preclude petitioner to approach appropriate forum, if so advised. 8. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)