06.10.2026 34 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26347 of 2026 Sk. Jakir Hossain –Versus – The State of West Bengal & Ors. Mr. Subrata Mukherjee Mr. Sabyasachi Hazra ….for the petitioner Ms. Suchitra Sinha Chatterjee …for the State respondents Mr. Bikash Kerketta …for the private respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) It is contended on behalf of petitioner that he is owner of a shop room, possession of which was taken by local persons to use the shop room as party office. Prayer is made in this writ petition for directing concerned police authorities to recover possession of shop room in question. 3) State respondents and private respondents are represented by learned advocates. 4) Ms. Sinha Chatterjee, learned advocate representing State respondents submits that possession of shop room was not handed over to petitioner by erstwhile tenant and respondent no. 8 is daughter of erstwhile tenant. 2 5) According to State respondents and private respondents, after demise of erstwhile tenant namely Asit Pal respondent no. 8 being daughter of erstwhile tenant is having right over shop room in question. 6) On perusal of complaint dated 9th September, 2026, this court does not find disclosure of fact that possession of shop room in question was taken over by petitioner since erstwhile tenant made default in paying rent. If possession of shop room remains with tenant or his successor in interest, in that event petitioner needs to approach civil court in pursuit of remedy. 7) Hence, present writ petition is dismissed. 8) However, this order shall not preclude petitioner to approach appropriate forum in pursuit of remedy. 9) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)