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2026 DAILYLAW 45995 (CAL)

NIRMAL KUMAR BAULIA v. THE STATE OF WEST BENGAL AND ORS.

WPA/28004/2024 · 2026-09-28

Anuj Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

61 2288..0099..22002266 Ct. No. 758 Jayanta WPA/28004/2024 NIRMAL KUMAR BAULIA VS THE STATE OF WEST BENGAL AND ORS. Adv. Jiaul Haque Adv. Himadri Kr. Mohata …. For the Petitioner. Adv. Partha Chakraborty Adv. Sneha Chatterjee …. For the State. 1. Parties are present through their respective Advocates. 2. Affidavit-of-service, as filed, be kept on record. 3. The Petitioner claims to have purchased the subject property from one Billa Mani Beowa. The Respondents claim to be the legal heirs of the said Billa Mani Beowa, the Respondent Nos. 5 to 10. 4. One Radhanath Mondal & Ors filed a Title Suit No. 189 of 1997 was filed against the Petitioner which came to be dismissed. Challenging such dismissal order an Appeal being Title Appeal No. 141 of 2002 was filed which also came to be dismissed. 2 5. It is asserted that the right of the predecessor-in- interest to the Petitioner was established to a decree passed by the Title Suit No. 68 of 1981. While the matter stood, thus, the private Respondents have been threatening the Petitioner’s possession and title over the said land. 6. In such circumstances, the Title Suit being 70 of 2011 has been filed before the Court of learned 3rd Civil Judge, Junior Division, Basirhat where the learned Court has directed status quo in respect of the said property. The Petitioner submits that his right on the said property are well established and despite repeated litigations the Private Respondents have not been able to establish any right to the said Property. 7. The State appears and submits that a report dated 25th August, 2026 and has corroborated the statements made by the Petitioner with regard to filing of the aforesaid suits and their outcome. 8. It is also recorded in the status report filed by Police that in view of the chances of breach of peace at the locale, Police has taken active steps to ensure that peace at the locale is maintained. 9. In view of the fact that status quo order is already passed by the competent Court having territorial jurisdiction over the property, no further orders in this Writ Petitioner needs to be passed. The Police authories are directed to ensure that the order of the 3 Court are duly complied and no breach of peace takes place at the locale at the instant appeal of the property. 10. The instant Writ Petition is disposed of without going into the merits of the rival allegations or claims of the party. 11. Accordingly, WPA 28004 of 2024 is disposed of without any order as to costs. 12. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Anuj Singh J.)