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2026 DAILYLAW 44319 (CAL)

SOUMITRA SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/20824/2026 · 2026-09-28

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10 Ranajit (AR.CT) 28.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 20824 OF 2026 Soumitra Sarkar -vs- The State of West Bengal & Ors. Mr. Raja Biswas, Mr. Abhijit Sarkar ….for the petitioner. Ms. Rashmi Bothra, Mr. Ganga Prasad Mukherjee ….for the State. 1. Matter is heard in presence of learned advocates representing petitioner and State respondents. 2. Learned advocate for petitioner prays for direction upon concerned police authorities to take steps which would permit petitioner to use a particular passage for ingress and egress. 3. Learned advocate representing State respondents has submitted that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum. 4. During course of hearing, it has been brought to notice of this Court that Title Suit being No.86 of 2026 is pending before the learned Civil Judge (Sr. Div.), Durgapur and an ad interim order of injunction was passed thereby restraining parties to the suit from making any fresh construction upon suit property for a limited period. 5. On query being posed to learned advocate representing petitioner whether any complaint was lodged by petitioner before concerned police authorities, it is not demonstrated that the petitioner has lodged any complaint seeking steps to be taken by police authorities. 6. If petitioner finds that his right to ingress and egress is denied by private respondents, in that event petitioner is required to approach appropriate forum in pursuit of remedy. 7. Police authority is not appropriate authority to decide whether petitioner is possessing right over particular passage which will be used for ingress and egress. 8. Hence, writ petition is dismissed. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2