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2026 DAILYLAW 47823 (CAL)

CHITTARANJAN GHOSH v. STATE OF WEST BENGAL AND ORS.

WPA/26969/2026 · 2026-10-08

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31. 31. 08.10.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 26969 OF 2026 SRI CHITTARANJAN GHOSH VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Debasis Sur, Adv. Mr. Tarak Nath Sarkar, Adv. Mr. Angshuman Patra, Adv. … For Petitioner Mr. Abhijit Ray, Adv. Mr. Deb Kumar Chandra, Adv. … For State Mr. Bhaskar Roy, Adv. Ms. Debangana Dey, Adv. … For Respondent No.11 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. A case is made out in this writ petition that petitioner is being prevented from enjoying peaceful possession over the land in question by private respondents. Prayer is made for directing the concerned police authority to take steps which would permit petitioner to enjoy peaceful possession over the land in question. 3. State respondents and respondent no.11 are represented by learned advocates. However, in spite of service of notice, respondent nos.12 and 13 are not represented. 4. It is submitted on behalf of respondent no.11 that respondent no.11 has no claim over the land in question and respondent no.11 did not disturb possession of the petitioner over the said land. 5. It is submitted on behalf of State respondents that issue involved in this writ petition is civil in nature requiring petitioner to approach civil forum. [2] 6. It appears that petitioner has prayed for direction upon the concerned police authority to take steps which would permit him to enjoy uninterrupted possession over the land in question. Whether petitioner is having exclusive right over the land in question or not cannot be delved into by the police authority. Without deciding that straightway concerned police authority ought not to be directed to take steps for preserving exclusive right of petitioner over the land in question. 7. If petitioner finds that his right over the said land is being denied by other parties, in that event, he needs to approach Civil Court in pursuit of remedy. 8. Writ petition stands disposed of. 9. However, concerned police authorities are directed to maintain peace and tranquility at the locale and to see that no untoward incident takes place. 10. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)