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2026 DAILYLAW 44640 (CAL)

SANTA BALA RANA AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/18417/2024 · 2026-09-28

Anuj Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.09.2026 Sl. No.: 27 Court No.758 BM WPA 18417 of 2024 + IA NO: CAN/1/2024 SANTA BALA RANA AND ORS. VS STATE OF WEST BENGAL AND ORS. Mr. Milan Nandi Mr. Mayukh Nandi ... for the petitioners Mr. Partha Chakraborty Ms. Sneha Chatterjee ... for the State 1. The writ petitioners have filed the present writ petition alleging Police inaction in protecting and cultivation of inherited land at Village Southkhand, Police Station-Patashpur, District-Purba Medinipur. 2. It is alleged that the private respondent nos.5 to 12 have repeatedly threatened the petitioner and attempted to interfere their possession and cultivation of the said land. The petitioners have already approached learned Executive Magistrate, Egra under Section 107 of the Cr.P.C. in Misc. Case No.45 of 2024 and under Section 144(2) of the Cr.P.C in Misc. Case No.46 of 2024 pursuant to which an order dated 18th January, 2024 was passed directing the concerned authority including the Officer-in-Charge of Purba Medinipur Police Station to enquire the matter and maintain peace at the locale. 3. It appears that there is a dispute between the brother with regard to possession of the inherited land. The petitioners alleges that the respondent nos.5 to 12 2 have been interfering with the possession and cultivation of the inherited property have threatened them of dispossession and physical harm. 4. It is alleged that upon the petitioner’s approaching Patashpur Police Station on 13th January, 2024, he lodged a complaint, a duty officer refused to accepted. 5. In the aforesaid factual background, the present writ petition has been filed praying for writ in the nature of mandamus directing the respondent no.2 to 4 to take steps pursuant to order passed by the learned Executive Magistrate under Section 107 of the Cr.P.C and Section 144(2) of the Cr.P.C and ensure that the petitioners’ peaceful possession and cultivate their inherited land . 6. Mr. Partha Chakraborty, Learned Advocate appears for the State and filed a report dated 24.08.2026 from the said report. It appears that Police has already taken steps pursuant to the orders under Section 107 of the Cr.P.C and under Section 144(2) of the Cr.P.C and the Police is keeping a close watch at the local to ensure that nobody breach peace at the locale. 7. In view of the aforesaid factual matrix, the present writ petition is disposed of without any further order. 8. The petitioners shall however at liberty to redress their respective grievances before the competent court of 3 law to protect their possession and cultivation right over the said land. 9. It is clarified that this Court is not gone into the merits of the contention of the petitioner in the present writ petition of possible defence of the private respondent may have in this regard. 10. WPA 18417 of 2024 along with CAN 1 of 2024 are accordingly, disposed of. 11. On the above observation there is no order as to costs. 12. All parties to act on the basis of server copy of this order downloaded from the official website of this Court. 13. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. ( Anuj Singh, J. )