Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 44302 (CAL)

NUR NEHAR BIBI AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/25082/2026 · 2026-09-29

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25. 25. 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. 25082 OF 2026 NUR NEHAR BIBI AND ANOTHER VS. STATE OF WEST BENGAL AND OTHERS …………… Ms. Manali Biswas, Adv. … For Petitioners Mr. Sankar Prasad Dalapati, Adv. Mr. Rajen Dutta, Adv. … For State Mr. Pradip Kumar Kundu, Adv. Mr. Kingsuk Mondal, Adv. Mr. Suman Das, Adv. … For Respondent No.6 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 authority to break open padlock which will provide access to petitioners to the property in question. 3. State respondents and respondent no.6 are represented by learned advocates. 4. During course of hearing it is not demonstrated before this Court that petitioners are having exclusive right over the property in question requiring police authority to take steps which would provide access to petitioners to the property. Prior to seeking mandamus by presenting a writ petition thereby seeking direction upon the concerned police authority to break open padlock, it needs to be asserted before the appropriate forum that petitioners having exclusive right over the property in question. 5. Since issue relating to right over the property in question need not be delved into in this writ petition, [2] prayer of petitioners for directing concerned police authority to break open padlock for providing access to petitioners is not countenanced. 6. Hence, present writ petition stands dismissed. 7. However, this order shall not preclude petitioners to approach appropriate forum in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)