07.10.2026 34 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26716 of 2026 Najibar Rahaman Biswas –Versus – The State of West Bengal & Ors. Mr. Golam Mostafa ….for the petitioner Mr. Madhu Jana Ms. Simran Sureka ….for the State respondents Mr. Asraf Mandal Mr. Tushar Sil …for the respondent nos. 5 and 6 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, petitioner prays for direction upon concerned police authorities which would facilitate petitioner to use a pathway for ingress and egress. It is submitted that respondent nos. 5 and 6 are obstructing petitioner from using this pathway for ingress and egress. 3) State respondents and respondent nos. 5 and 6 are represented by learned advocates. 4) It is submitted by learned advocate representing respondent nos. 5 and 6 that property in question has not been partitioned and petitioner as well as respondent nos. 5 and 6 are co-owners. It is also 2 submitted that respondent nos. 5 and 6 have not restrained petitioner from using said pathway for ingress and egress. 5) In view of submission made on behalf of respondent nos. 5 and 6 that petitioner is not being restrained from using pathway for ingress and egress and petitioner and respondent nos. 5 and 6 are co-owners in respect of property in question, no further order need be passed on this writ petition. 6) In absence of any restraint order passed by the civil court petitioner shall be permitted to use said pathway for ingress and egress. 7) Concerned police authorities are directed to keep vigil over the area and to see that no untoward incident takes place. 8) Writ petition stands disposed of. 9) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)